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(영문) 부산지방법원 2019.05.08 2019고단697
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2018, at around 15:10, the Defendant driving a B K5 taxi, which was located in the Dong-gu Busan Metropolitan City, led to the flow from the direction of Busan Metropolitan City along the three-lane road in front of the Dvalescent Hospital in Busan Metropolitan City.

The restricted speed of the location was 60 km a hour, and at the time, the signal apparatus was installed, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle according to the signal apparatus by checking well the right and the right and the right.

Nevertheless, the Defendant neglected this and operated at 48 km speed by speeding 20/100 above the speed limit as at the time, while driving at 79.9km per hour at the speed, and received the front portion of the Fstststa taxi in the victim E (the age of 62) who had entered the intersection in yellow f.m. and got the front portion of the Defendant’s driver’s seat.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to occupational negligence, and injury to the victim G (53 years of age) who is a taxi passenger operated by the Defendant, to approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. A traffic accident report;

1. Each written diagnosis;

1. A video closure photograph and a video CD;

1. Application of each nine Acts and subordinate statutes to the results of the traffic accident investigation and analysis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crime against victims E with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] of the General Traffic Accidents Act, the basic area (four to one year) of the suspended sentence.

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