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(영문) 대구지방법원 포항지원 2017.08.29 2017고단82

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The defendant is a person who drives CK5 taxi.

On September 17, 2016, the Defendant driven the above car at around 10:47, and operated the road of five-lanes in front of the south-gu Posco 1 at the port of port along the south-gu Posco 1 at the port of port along the four-lanes toward the station of the SK complex at the intersection of a square.

At the time of the accident, there is a duty of care to prevent accidents by driving safely by driving safely, such as driving at a speed of 20% limited to a person engaged in driving service.

Nevertheless, the Defendant neglected to drive a limited speed of about 27km/h above 75km/h, and conflict with the India's boundary on the right-hand side of the vehicle of the Defendant, with the front-hand part of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury on the part of the victim D (70) who was on board the back seat of the Defendant due to the above occupational negligence, on approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

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, Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing of the alternative imprisonment without prison labor [the scope of recommendation] The reason for sentencing of the alternative imprisonment without prison labor [the scope of recommendation] General Traffic Accident No. 1 [the person who is subject to special sentencing] [the decision of sentence] [the person who is subject to special sentencing]] of the basic area of the first type of traffic accident [the person who is subject to special sentencing] [the decision of sentence]] of the victim's serious injury caused by the accident of this case, the defendant did not make efforts to recover damage, and other various sentencing conditions stated in the defendant's age, environment, sexual behavior and records of this case are considered as inevitable to sentence the defendant as ordered.