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(영문) 광주지방법원 순천지원 2013.12.04 2013고단1572
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 the duty of driving B taxi.

On July 18, 2013, the Defendant driven the above taxi on July 13:16, 2013, and led to the left-hand turn from the side of the Southern Puju Island to the right-hand turn.

Since a crosswalk is installed at a front door, there was a duty of care to check whether a person engaged in the driving of a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim C (n, 59 years old) crossing the left-hand side from the right-hand side of the defendant living together with his negligence and did not discover the victim C (n, 59 years old) and had the victim go beyond the ground by taking the front-hand part of the taxi.

Ultimately, the Defendant suffered injury to the victim, such as the 9-day pressure frame, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (2);

1. On-site evidence photographs of a traffic accident;

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

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act (the decision on the type of traffic accident) is the basic area of traffic accident injury (the decision on the recommendation field), the basic area of the imprisonment without prison labor for April to October [the scope of sentencing], the imprisonment without prison labor for one month [the decision on the sentence] from one month to five years], the imprisonment without prison labor for six months, the suspension of execution for two years, and the crime of this case for 40 hours during the compliance driving lecture, which caused a traffic accident on the crosswalk and caused the victim to suffer injury requiring medical treatment for 12 weeks, and the crime is not somewhat weak.

However, the speed of the vehicle has not been rapid.

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