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(영문) 춘천지방법원 원주지원 2017.07.20 2017고단558
교통사고처리특례법위반(치상)
Text

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

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

On October 16, 2016, the Defendant driven a B K5 taxi on October 16, 2016, and proceeded along two lanes from the 7th apartment zone in the city of Won-si to the apartment zone in the C of Ku-si.

At night, the road was an intersection where a red on-and-off signal was installed. Thus, the Defendant was obliged to temporarily stop immediately before the intersection and take care of other traffic and prevent the accident in advance. However, due to occupational negligence, disregarding the red on-and-off signal and entering the intersection as it is, the Defendant took the front part of the victim D(Y, 52 years old) driving the said intersection from the right side to the left side of the Defendant’s driving vehicle, resulting in the Defendant’s injury, such as the chill, tension, etc. in the direction to the right side of the Defendant’s driving vehicle, and the victim F (Y, 29 years old), who is the passenger of the victimized vehicle, sustained the victim’s injury, such as inside the left side of the treatment days and the wall frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, report on actual condition investigation, and reply to each request for appraisal;

1. Each written diagnosis;

1. Each investigation report (applicable to Acts and subordinate statutes 9,16,17,37 on a net basis);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The occurrence of a traffic accident involving two victims due to an irregular driving of the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act. In particular, it seems that the degree of damage to the victim F would not be negligible, the negligence of the victimized driver would also have been caused by the accident, the damage would have been likely to have been recovered through the taxi mutual aid association, and the Defendant suffered a large amount of injury due to the occurrence of the accident. Therefore, the Defendant paid more attention in the future.

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