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(영문) 광주지방법원 2018.04.10 2018고단314
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year 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 a rocketing taxi.

On August 17, 2017, the Defendant driven the foregoing vehicle around 07:20, and led to the vicinity of the intersection while driving the three-lane roads near the fire department of the Dong department located in the 208 Dong-gu, Gwangju, along the two-lanes in the direction of the Hanmi shopping shooting distance in the direction of the large square.

Since there is a road near an intersection where signal lights are installed, there was a duty of care to operate the steering gear and brake system in a safe manner by thoroughly operating the steering gear and brake system in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded without stopping a taxi in the direction of the Defendant, and caused the victim to go beyond the ground by using the part of the cab driver's seat of the Defendant to the right side from the left side of the Defendant's proceeding due to the negligence of violating the signal, even though the signal of the crossing of the direction of the Defendant's proceeding was yellow, and caused the victim to go beyond the ground.

As a result, the Defendant suffered injury to the victim due to such occupational negligence during the 12 week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Blue image data of black boxes;

1. A medical certificate;

1. Application of Acts and subordinate statutes of a written request and reply;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Traffic Accidents [the type of a decision] - The mitigated element of general traffic accidents.

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