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(영문) 의정부지방법원 2013.07.02 2013고단1387
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

At around 04:45 on March 28, 2013, the Defendant: (a) was a person engaged in driving Crocketing or other taxi; (b) was driving the road front of the Hadwon hotel in the Hadwon Hospital in the Had-dong of the Government of the Government of the Government at a speed of about 40 km from the Myeon of the Government Police Station to the Myeon of the Government of the Government of the Government; (c) as a place where the unauthorized Road is frequent; (d) a person engaged in driving service has a duty of care to live well at the front bank and drive safely; (e) the Defendant was negligent in performing the duty of care to care to safely drive the taxi; and (e) found the victim D (30 years of age) who was crossing the right-hand side from the left-hand side of the progress direction due to the occupational negligence of the said taxi; and (e) caused the victim to shock the victim on the front part of the said taxi and received treatment at the E hospital in the Government of the Government of the Government;

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death diagnosis report and a written record of autopsy;

1. Application of on-site photographs, photofics, shock photographs of accident vehicles, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Scope of sentencing on the grounds of sentencing under Article 62 (1) of the Criminal Act: The scope of final sentencing recommended by sentencing guidelines from January to October 5: The types of imprisonment without prison labor for the period from February to October; the types of traffic accidents in the category of general traffic accidents in the traffic crime group [the types of crimes] [no aggravated factors: the victim shall also be punished if there is a substantial fault in the occurrence of traffic accidents or the expansion of damage; the victim shall not be punished [the scope of recommending punishment] the area of special mitigation (from February to October): the area of special mitigation (the range of recommending punishment): The factors of mitigation that have no aggravated aggravated factors: whether to recommend the suspension of sentence based on the sentencing guidelines for motor vehicle comprehensive insurance [the main reasons of recommending the suspension of sentence by the guideline for sentencing]; the victim shall also have a substantial fault in the occurrence of traffic accidents or the expansion of damage;

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