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(영문) 춘천지방법원 원주지원 2013.11.05 2013고단576
교통사고처리특례법위반
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 became final and conclusive.

Reasons

Punishment of the crime

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

On July 1, 2013, the Defendant driven the above taxi on July 23:55, 2013, and driven the three-lane road in front of the name and the art center in the Hanju City, one of the two-lanes in front of the Hanju-si.

At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, by reducing the speed and checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and went on as is, by negligence, received C(58) a victim crossing the road along the crosswalk from the left side of the direction of the defendant's running, to the right side of the crosswalk, in front of the taxi of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as a flaging the right frame, which requires approximately 14 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident occurrence report;

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Criteria for types of punishment and sentences [Determination of types of punishment] among traffic crime groups, general traffic time and single types of punishment (the injury of a traffic accident): Reduction factors of punishment: None of the increased factors of punishment (the scope of recommendation): From one to six months;

2. Criteria for the suspension of execution [main reasons for the suspension of execution] positive: There is no negative reason for the suspension of punishment (general reason for the suspension of execution): positive cases: Social relation clear, serious reflections, absence of any criminal record for the suspension of execution, negative effects on the purchase of comprehensive motor vehicle insurance (deduction): Cases falling under the proviso to Article 3 (2) of other special school Acts.

3. Determination of sentence: A sentence of imprisonment without prison labor for a period of six months and two years;

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