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(영문) 부산지방법원 서부지원 2018.02.12 2017고단1774
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in the duty of driving B taxi.

On November 7, 2017, the Defendant driven the above taxi at around 10:50 on November 7, 2017, and led the front road of the D cafeteria located in Busan Northern-gu C, to the direction from the intersection of the Sucuk-dong.

In such cases, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents by safely entering the intersection according to the new code and preventing accidents.

Nevertheless, the Defendant neglected this and received the front part of the victim E ( South, 70 years old) in the left side of the Defendant’s taxi in accordance with normal signals from the left side of the Defendant’s course due to the negligence of entering the red signal.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the upper part of the shoulder bed, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and G;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles and field photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] shall be the basic area of the first type (the determination of the recommended area, the scope of the recommended punishment], the basic area of the traffic accident, four months from the imprisonment without labor for up to one year.

3. The decision-making defendant is a taxi engineer who carries on the business of driving a motor vehicle with another person aboard, causing the instant traffic accident in violation of the signal even though he has to drive a motor vehicle with more attention than others, and the victim thereby.

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