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(영문) 부산지방법원 동부지원 2019.08.21 2019고단994
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for 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 April 8, 2019, the Defendant driven the above taxi on April 22:38, 2019, and driven the four-lane road in front of the D School located in Busan Southern-gu C along the same lane from the intersection of the new line.

At all times, the central separation is set up at the center of the road, and the speed is 60km per hour, and the driver has a duty of care to observe the speed limit and operate the steering system and the operating system accurately.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 31 km per hour, but failed to accurately operate the steering direction and brake system due to excessive speed, and thereby, the Defendant got the front part of the taxi in which the Defendant is driving, and got the front part of the taxi in which the Defendant was driving.

The Defendant suffered, by such occupational negligence, injury to the victim E (V), who was on board the front seat of the said taxi, such as a stroke Nos. 2, 3, and 4, which require approximately 12 weeks of treatment, and injury to the victim F (V, 27 years of age) / approximately 7 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of the provisions of each Act and subordinate statute to traffic accident report, each accident site photograph, photograph of a visual closure, operation record analysis paper (vehicle for a suspect), and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the negligence of the accused and the victims (the contents of the accident) are both important.

The accused has the same criminal power, and the accused has violated traffic regulations on several occasions.

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