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(영문) 부산지방법원 동부지원 2017.05.10 2017고단310
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cstststa taxi.

On December 27, 2016, the defendant, around 02:42, had three-lanes of the entrance of the 3 tunnel, Busan Metropolitan City Maritime Transportation-Fol-si, along with three-lanes from the direction of the luminous intersection to the direction of the transmission.

At the time, the bits had been milated and the surface had been milated.

The highest speed of the above general roads is 80 km/h as above, and in the case of the milched road, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle at a speed of 64 km or less with the maximum speed of 20 km or less, and the driver of the motor vehicle has a duty of care to ensure safe operation by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and operated the said taxi at a speed exceeding 20 km/h above 130.5km/h, and slicked on the surface while slicking down the surface, and slicked the middle of the 3 tunnels.

As a result, the defendant suffered injury, such as cutting off the upper seat of the suspect driving taxi by negligence in the above business, to the victim D (V, 27 years of age) who was on the back of the suspect driving taxi, for about six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the agreement with the victim and the recognition of mistake by the defendant);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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