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(영문) 수원지방법원 안양지원 2020.01.16 2019고단2175
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

The defendant is a person who is engaged in the business of driving Bran private taxi.

On August 2, 2019, around 16:54, the Defendant proceeded in front of the 305 ornamental distance from the riverside to the C apartment gate in the middle of the water village. The Defendant was driving in the middle of the 3-lane in the middle of the 3-lane.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right of the motor vehicle and to safely proceed in accordance with the new code.

Nevertheless, the defendant neglected this and got directly into the intersection as it is, caused a conflict between the two parts of the EZ 1000 Lao driven by the victim D (Nam, 42 years old) who was going to the port from the right side of the defendant's course to the right side of the green straight line, due to the negligence of entering and going to the intersection and going to the right side of the defendant's course.

As a result, the Defendant suffered injury to the said victim D by negligence in the course of performing the above duties, such as cutting off the body of the part in which it is not possible to treat the said victim D for about eight weeks, and injury to the victim F (the 26 years old), who is the passenger of the taxi driving by the Defendant, for about two weeks, such as dump, dump, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to a photograph of the skin vehicle, photograph of the damaged vehicle, and photograph of the skin vehicle boom image images;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The sentencing guidelines are not applied because the range of recommending concurrent crimes according to the sentencing guidelines is superior to that of recommending concurrent crimes, but the sentencing guidelines are more severe to victim D.

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