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(영문) 광주지방법원 2017.09.21 2017고단2831
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

Punishment of the crime

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

On June 6, 2017, the Defendant driven the above taxi at around 22:30, and had the four-lane road in front of the Southern Hospital located in the 415-ro of Gwangju-dong-dong-ro, Gwangju-dong, drive the four-lane road from the south Gwangju City market to the Yang Dong-dong market.

Since there is a signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals, such as reducing speed for the person engaged in driving service and checking the right and the right.

Nevertheless, the Defendant neglected this and got the left-hand part of the victim C(47) driving by the victim C(47) driving under the new code from the right-hand side of the running direction of the Defendant due to the negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the victim, such as external injuries caused by the rashical malmopty of the warning signboards that require approximately four weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Each photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, the reason for sentencing under Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Traffic Accidents / [Determination of the type of traffic accident] / [Determination of the sphere of recommendation] / [Scope of recommendation] 4 months to 1 year / [general sentencing person] / 1 year from 4 months to 3 years (general sentencing person] : Aggravation factors - Cases falling under the proviso to Article 3 (2) of the Act on the Special Cases concerning Motor Vehicle Insurance - Cases falling under the case of suspension of execution / Other special cases : In cases falling under the proviso to Article 3 (2) of the Act on the Protection, etc. of Order to Attend the Course of Education - General

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