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(영문) 대구지방법원 서부지원 2016.06.24 2016고단717

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On December 21, 2015, the Defendant, while driving a B rocketing taxi around 23:00, was temporarily stopped in front of the 365 Daegu Seo-gu Free School Meal Service, in compensation for the 365 Seo-gu government bonds, to have the victims C (67 years) and two their driving days on the roads before the 365 Incheon Seo-gu government bonds.

In this case, the driver has a duty of care to safely start and prevent the fall of passengers after confirming whether passengers are aboard and driving, and taking necessary measures, such as opening the door accurately to prevent the passengers from falling.

Nevertheless, the Defendant neglected this and caused injury to the victim, on the other hand, on the part of the victim who tried to board the said taxi, by leaving the taxi as they were, even though there was no shut down the instant door to move down in the back seat of the taxi, thereby leaving the victim out of the taxi, thereby getting the victim out of the taxi and resulting in injury to the victim, such as an external blood transfusion, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., agreement, joining a mutual aid association, and having no criminal record or fine for the same kind of criminal record or fine);