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(영문) 대구지방법원 2013.08.08 2013고단2438

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of a taxi for business use B.

On February 22, 2013, the Defendant driven the above taxi on February 22, 2013, and continued the front of the Home Marart in the Taegu Nam-gu, Daegu-gu, with the direction of the front separation distance.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, when the defendant neglected to do so and proceeded as it is, the part of the bridge part of the victim C, which was placed on the crosswalk installed in the front direction of the defendant's course, was placed in the front direction of the defendant's driving taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slot in the left-hand side, which requires treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report;

1. A medical certificate;

1. Application of five copies of a traffic accident scene photograph;

1. Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, the fact that the defendant is aware of and against the time of committing a crime, and the fact that a piracy vehicle is admitted to the taxi mutual aid association is favorable to the defendant.

However, it is difficult to view that the Defendant violated the duty to protect pedestrians in the crosswalk and caused the instant accident, thereby causing serious injury to the victim, and even if the damage suffered by the victim is compensated for a certain portion of the damage, efforts to recover the damage to the victim who suffered serious injury are sufficient.