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(영문) 수원지방법원 2017.12.13 2017고단6893
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On September 22, 2017, the Defendant driven the above taxi at a speed of 08:50, and driven the two-lanes in front of Osan City, Osan City, along the two-lanes in front of C, in the direction of the middle distance, the Defendant proceeded at an irregular speed, depending on the direction of the direction of the mountain intersection.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant was negligent in driving the taxi on the left side of the crosswalk and received the part of the bridge of the victim D(7) on the right side of the crosswalk by negligence.

As a result, Defendant 1 suffered injury to the victim by negligence in the course of performing the above duties, such as 12 weeks of treatment for the right-side executives in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to prepare the amnesty with D;

1. The application of Acts and subordinate statutes to a traffic accident report, a black stuffs image fluor and a diagnostic document to a traffic accident report;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is unfavorable to the reasons for sentencing (the favorable circumstances for sentencing) - The injury suffered by the victim due to the instant accident is serious. - When children wear a crosswalk, in particular, it was necessary to do so, but the accident was caused. The favorable circumstances - the Defendant recognized all the criminal facts. - The Defendant has no record of being sentenced to a fine until now. - The victim is not subject to the punishment of the Defendant. - The Defendant was admitted to the taxi mutual aid association and thereby, the damaged person is partly damaged.

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