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(영문) 수원지방법원 안산지원 2015.10.13 2015고단2511
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years 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 May 30, 2015, the Defendant driven the above taxi on May 30, 2015, and proceeded directly from the jurisdiction of Han Bank to the speed of about 20 km of Si speed according to the Djudo in front of the Djudo in Ansan-si Member C of Ansan-si.

In this case, there was a duty of care to make an internship at the permissible point of internship for a person engaged in driving service.

Nevertheless, the Defendant neglected this and got the front right side of the Defendant’s vehicle, which the Victim E (the 19-year-old) driven by the injured party E (the 19-year-old) who was driving in opposite parts of the central line by his negligence.

Ultimately, the suspect suffered injury, such as the left-hand laverization of pulverization, which requires approximately 12 weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The application of actual survey reports, photographs related to accidents, diagnostic certificates (E), and statutes of the written agreement;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] general traffic accident area (one to six months): Consideration of sentencing prescribed in Article 51 of the Criminal Act, such as the following: The defendant's act of causing an accident in this case while making an illegal internship; the injury of the victim is not less than that of the victim; the defendant's act of reflecting the mistake; the fact that there is no criminal record exceeding the fine; and the fact that there is no criminal record beyond the fine, etc., all other conditions for sentencing prescribed in Article 51 of the Criminal Act.

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