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(영문) 부산지방법원 2016.02.17 2015고단6262
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cab.

On May 18, 2015, the Defendant driven the above taxi on May 11, 2015, and driven the F-do road located in Busan Dong-gu E at approximately 58 km from the Geum River Parkside to the plant protection area.

At the time, there was a flow of the front door, and thus, there was a duty of care to prevent accidents in advance by driving a motor vehicle with a duty of care by checking whether there was a person who gets involved in driving a motor vehicle to reduce the speed and to see well the left and right of the front door.

Nevertheless, the defendant neglected this and then discovered the victim's right side from the bend left side of the bend, and immediately flicked the victim's right side. However, the defendant did not avoid the defendant's failure to go beyond the left side side of the victim G (68 years old) due to the defendant's cab.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as paralysis, etc. caused by damage to the police.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written proceedings;

1. A traffic accident investigation report, diagnostic certificate, investigation cooperation document, records of other co-cotamers, photographs at the scene of the accident, and photographic image of the vehicle boomed;

1. Application of Acts and subordinate statutes to the investigation report (Evidence Nos 17 and 21 of the evidence list);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The sentencing guidelines [the types] the ordinary traffic accident, the type 1 (the injury of traffic accidents), the basic area [the person subject to special sentencing] also has a substantial fault in the occurrence of traffic accidents or the expansion of damage, and the occurrence of serious injury (the factors subject to mitigation) (the scope of the sentencing of recommendations) (the scope of the sentencing of recommendations) from April to October;

2. The judgment of sentence shall be made to the injured party;

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