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(영문) 창원지방법원 2020.01.22 2019고단3386
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

On August 13, 2019, the Defendant driven the above taxi on August 14, 2019, and continued to turn to the left the intersection of the private distance in front of the D gas station located in the Kimhae-si, Kimhae-si from the latter part of the E elementary school to the interest-free slope.

Since the location is an intersection with signal lights, there was a duty of care to check whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, the defendant neglected this and did not discover the victim F (72 years old) who was moving on the left side from the right side of the defendant taxi to the left side in accordance with the defendant taxi line at a point beyond the crosswalk due to the negligence of disregarding the vehicle stop signal and left left, and did not find the victim F (72 years old) and had the victim's left side side part of the defendant taxi go beyond the ground.

As a result, the Defendant suffered from the Defendant’s occupational negligence in the above 10th century the left-hand slots that require medical treatment between approximately ten weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of G traffic accidents;

1. A medical certificate;

1. The actual condition of traffic accidents;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;

2. The scope of recommendations on the sentencing criteria (the scope of recommendations) shall be limited to the category 1 of general traffic accidents (the injury resulting from traffic accidents) without the basic area (four to one year).

3. The sentenced defendant has caused a traffic accident in violation of traffic signal, and this has caused it.

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