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(영문) 수원지방법원 성남지원 2014.04.28 2013고단3041
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

Criminal facts

On October 23, 2013, the Defendant, at around 20:20, was driving a small-type taxi in C, thereby entering the road, from the back of the franchisium in front of the restaurant at the lower-nam City, to the third line.

At the time, the center line and the crosswalk of yellow-ray are installed at night, and both sides of the road are able to pass by people due to restaurant, sclor, etc. In such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to observe traffic regulations and to safely drive the motor vehicle by checking whether there is a person crossing the road while driving a front-side.

Nevertheless, the Defendant neglected this and did not look at the front side of the taxi, and did not discover the victim D(68 years of age) who did not cross the road in front of the taxi without permission, and received the part of the victim's bridge as the front part of the taxi.

Ultimately, the Defendant caused the victim to suffer injury, such as the abandonment of the flag on the left-hand side, which requires approximately 16 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes, such as site photographs;

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, the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the injury the victim suffered due to the instant case; and (b) the failure to agree with the victim; or (c) the fact that the taxi operated by the Defendant is affiliated with the Financial Cooperative; (b) the victim’s negligence appears to have been caused by the accident; (c) the fact that the victim’s negligence is reflected; and (d) the detention of the Defendant’

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