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(영문) 춘천지방법원 2013.04.18 2013고단4
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the work of operating C Launa taxi.

At around 09:20 on November 5, 2012, the Defendant, while driving the above taxi, temporarily stopped and started again in order to have passengers embark on the remaining Chuncheon taxi platform located in the Southern-si Station of Chuncheon.

In such a case, the driver has a duty of care to safely start and prevent the fall of passengers, after taking necessary measures, such as accurately opening the door, in order to confirm whether passengers are boarding or getting on or off, and to prevent the passengers from falling off.

Nevertheless, the Defendant neglected this and put the victim D (54 years of age, n) who intends to board the cab into the si, and caused the victim to suffer approximately seven weeks of strings on the right side of the strings in the direction of the strings that need to be treated for about seven weeks of the si, without confirming the fact that the head of the king was not closed in the si, and the victim was removed from the si, without confirming it, and caused the victim to suffer from the strings on the right side of the strings.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation [decision of types] Traffic Offenses: General traffic accidents.

1. The injury resulting from a traffic accident [the decision of the recommending area] basic area [the range of recommending area] : April to October [the stay of execution] - The main reason for the occurrence of a traffic accident: The negative criminal records of the same kind (the suspension of execution within five years, the suspension of execution of sentence or the fine of not less than three times) - the reason for the general participation: the criminal records of the suspension of execution not less than two times,

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