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(영문) 수원지방법원 안산지원 2020.03.18 2019고단4877
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On October 1, 2019, the Defendant driven the above taxi on October 22:17, 2019, and driven the two-lane of the three-lane distance in front of the D Elementary School C located in Ansan-si, a member of Ansan-si, along two-lanes from the front side of the E apartment.

Since there is a three-distance intersection where signal apparatus is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving of a motor vehicle.

Nevertheless, while the Defendant neglected this and went to the left by entering the intersection even though it was a stop signal, the Defendant did not find out the victim F (19 years old) who crosses the intersection from the left side of the e-mail direction to the right side and did not get the victim to go to the upper part of the victim's upper part of the e-mail.

As a result, the Defendant suffered injury, such as leaving the victim left-hand side in need of approximately four weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A general medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Although the criminal liability of the defendant who violated signal signals at night during the period of sentencing under Article 62 (1) of the Criminal Act and suffered bodily injury requiring four weeks' medical treatment is not minor, it shall be determined as per the disposition in consideration of the following: Provided, That it is not punishable as a traffic accident after the suspended sentence of imprisonment is sentenced due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 191; and it is against the depth of mistake;

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