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(영문) 창원지방법원마산지원 2020.08.18 2020고단539
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On April 7, 2020, the Defendant driven the above taxi on April 16:10, 2020, and continued the intersection in front of the 10 government-nam local joint-dong office building, Mag-si, Changwon-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Since there is a place where the red signal extinguishing signal such as vehicle signal is installed, the driver was obliged to temporarily stop in front of the stop line prior to the entry into the intersection to check the safety of the front, and to safely drive the vehicle in accordance with the new code.

Nevertheless, due to the negligence of neglecting this in driving in violation of the signal, the victim D driven by the victim D, who was under the direct progress from the left side of the running direction of the vehicle of the defendant, to the right side in accordance with the yellow light signals, was shocked in front of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim F, who is the passenger of the above victim and the Defendant’s vehicle, for approximately two weeks of medical treatment, such as salt dump, tension, etc., respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident;

1. On-site photographs (10 pages);

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to each of two weeks diagnosis certificates;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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;

1. Selection of alternative imprisonment without prison labor;

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;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be limited to the general traffic accident [the category 1] causing a traffic accident (the special person who has a punishment]. The mitigated element shall be limited to the serious degree of damage resulting from the failure to punish.

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