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(영문) 대구지방법원 2014.02.06 2013고단6731

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving aro-cab.

On November 10, 2013, the Defendant driven the above taxi on November 10, 2015, and continued the front road from the lives underground map to the four-distance away from the lives underground map.

Since yellow lights, etc. are installed at the front door of that place, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to temporarily stop or by checking well the front left, and to drive safely.

Nevertheless, the Defendant neglected this and got the victim D (the 76-year old age), who was a pedestrian crossing from the left side of the running direction of the said taxi, to the right side of the said taxi and got the said victim to go beyond the road, thereby causing injury to the said victim, such as a pelf, which requires medical treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (printing photographs of the accident scene);

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence has caused the instant accident in violation of the duty of pedestrian protection in the crosswalk and caused the injury of the victim. However, the vehicle driven by the defendant was insured by the mutual aid association, the victim does not want the punishment against the defendant, the defendant does not have any criminal record of suspended sentence or heavier punishment, and the defendant has no criminal record of suspended sentence or heavier punishment, and other reasons shown in the pleadings of the instant case, such as age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.