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(영문) 수원지방법원 2014.07.10 2014고단2094
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 who is engaged in driving of B rocketing taxi vehicles.

On March 30, 2014, the Defendant driven the said car on March 21, 201:55, and proceeded at a speed of about 83 km from the Osan to the same orchard along a four-lane road in front of the “Cheongwon and the restaurant,” which is located in the Suwon-si transfer operation of Suwon-si.

Since the restricted speed is at 60 km per hour, the driver has a duty of care to prevent accidents by complying with the restricted speed and operating the steering and operating the steering system accurately.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 23 km per hour, and took part of the bridge of the victim C (31 years old) who illegally crosss a road from the left side of the course of the course to the right side of the road.

As a result, the Defendant suffered injury to the victim, such as light flag and flag mination of the right flag in need of treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2);

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of imprisonment without

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for community service and order to attend lectures [the scope of recommendation] general traffic accident category 1 (in the case of special mitigation] (1-6 months) where there is considerable negligence in the mitigation area of traffic accident or the expansion of damage to victims [the decision of sentence], the defendant reflects his mistake, there is no history of punishment heavier than the suspension of execution, and the vehicle operated by the defendant is covered by comprehensive insurance, etc., the sentence shall be determined as ordered in consideration of various sentencing conditions.

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