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(영문) 수원지방법원 안양지원 2016.03.30 2015고단1656
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 driving of a taxi for business purpose B K5.

On August 24, 2015, the Defendant driven the above car at around 05:20, while driving it in Sayang-gu C at the Sayang-si, one lane in front of D oil station at the Sari-gu level was driven at an insular speed from the ebal basin to the ebal basin in front of D oil station at the Sari-do.

Since there is a road where the center line of the yellow domin line is installed, a person engaged in driving service has a duty of care to thoroughly operate the front city and safely to the right side of the road to maintain the tea line and to make a U-turn at the point where the U-turn is permitted.

Nevertheless, the Defendant neglected this and got the victim over the ground floor by taking the front part of the motor device bicycle driven by the victim E, who was driven in the opposite side from the front side of the above taxi, due to the negligence of protoning the center line of the yellow real line to the opposite line, and led the victim to go beyond the ground floor.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as the escape of the left-hand gate of approximately 12 weeks of treatment, the left-hand 3-6 balll, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes of a 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 According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] Transport Crime Group, General Traffic Accidents (Type 1), mitigated area, one month to six months of imprisonment without prison labor (determination of sentence], six months of imprisonment without prison labor, the occurrence of a serious injury, central line bed, and no agreement is reached with the victim. The victimless driving, the defendant without a license, the relief measures after an accident, the first offender, reflects himself, and the subscription to a mutual aid association.

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