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(영문) 대구지방법원 2015.05.21 2015고단505

교통사고처리특례법위반

Text

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

However, 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 taxi driver who is a rocketing corporation or taxi driver of light-day transportation C.

On November 1, 2014, around 05:20, the Defendant proceeded at a speed of 40 to 50 kilometers each hour from the sloping-gu, Daegu-gu, Daegu-gu, to the sloping-ro of Daegu-gu, the front crosswalk at the three-day distance protection area.

In such cases, the driver of the vehicle has a duty of care to prevent the shocking of the pedestrian on the crosswalk by accurately operating the steering gear and steering gear well, and to prevent the shocking of the pedestrian on the crosswalk.

Nevertheless, the Defendant, while neglecting the above duty of care, was negligent in operating the pedestrian F, crossing the crosswalk with the front part of the above vehicle (34 years old).

As a result, the Defendant suffered injury to the victim, such as the closure of the body of the body of the shoulder, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Application of Acts and subordinate statutes of a report on the occurrence of a traffic accident and a report on the occurrence of a traffic accident;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc. [the scope of recommendation] There is no basic area [the person who has caused a traffic accident] [the sentence] [the defendant] / The defendant is a person who has caused three times from the year 2011 to the year 201 and has caused a traffic accident again and caused the accident of this case on the crosswalk. The punishment for the crime of this case is not easy.

However, the defendant's late and reflects his mistake, the defendant has no criminal record of suspension of execution or more, and the driver's vehicle is joining the taxi mutual aid association.