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(영문) 부산지방법원 2019.07.16 2019고단1677
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 became final and conclusive.

Reasons

Punishment of the crime

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

On April 14, 2019, the Defendant driven the above taxi on April 14, 2019, and led the two-lanes of the three-lanes in front of Busan Jung-gu, Busan to proceed in the direction of Busan metropolitan region.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to reduce speed and drive safely according to the new code.

Nevertheless, the Defendant neglected to do so and received the part of the front part of the Defendant’s driver’s vehicle in front of the instant taxi in front of the instant taxi, which was driven by the victim D's U.S. under the new subparagraph on the opposite road due to negligence in the course of business that is directly connected to the yellow signal.

Ultimately, the Defendant caused the victim D’s injury to the base and tension in light of the foregoing occupational negligence for about two weeks, and the victim F, who is the passenger of the above taxi, suffered from the injury of the pressure frame No. 11, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of alternative imprisonment without prison labor;

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

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. It shall be so decided as per Disposition by taking into account the following factors: (a) the fact that a taxi mutual aid association is affiliated with the sentence; (b) there is no history of criminal punishment; and (c) there is no history of and against his/her mistake

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