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(영문) 광주지방법원 2014.07.08 2014고단1773
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 private taxi B.

On March 18, 2014, the Defendant driven the above taxi at a speed of about 40 kilometers per hour, according to one-lanes between the two-lanes from the west end of the East River, driving the horse-distance road in the Western of Gwangju Northern-gu.

Since there is a road where a signal, etc. is installed, in such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to stop on the left side of the instant car and got the victim C (Nam, 59 years old) to build up the road on the right side of the right side of the horse.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as undermining the blood transfusion, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and a actual survey report;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Basic area (from April to October) of the first category of traffic accidents, the scope of which is recommended, shall be limited to general traffic accidents;

2. The sentencing decision defendant, in violation of the signal, has caused a traffic accident to the victim and is serious and is serious. However, considering the fact that the defendant does not want the punishment of the defendant, that the defendant is admitted to the taxi mutual aid association, that the defendant does not have any criminal records exceeding the fine, that the defendant reflects his/her criminal act, and that the number of sentencing factors in the course of pleading are considered.

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