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(영문) 대전지방법원 2019.02.19 2017고단4553
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who drives B taxi.

On May 27, 2017, the Defendant driven the above taxi on May 27, 2017, and turned three lanes from the three-lanes in front of the Han-dong, Seo-gu, Seo-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the light of the straight distance.

Since the front door is a private-distance intersection with signal lights and crosswalks, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle has a duty of care to accurately operate and safely drive the steering direction and brakes, and prevent the accident in advance.

Nevertheless, the Defendant, while neglecting the above duty of care, was due to the negligence of bypassing the red signal to the stop, and the Defendant took part of the victim C (the age of 67) (the age of 67) who was driving a bicycle on the crosswalk by getting a bicycle on the left side of the Defendant’s running along the crosswalk in the right side of the road.

As a result, the defendant suffered from occupational negligence the injury of the pressure frame 10 times and 12 times of 12 weeks of the scarcity which requires medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of D;

1. Application of the investigation report on the actual condition of traffic accidents and the Acts and subordinate statutes;

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, under Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the reason for sentencing of imprisonment without prison labor as follows:

Unfavorable circumstances: The degree of injury suffered by the victim is serious, the attitude after the accident is inferior, and the circumstances that are favorable to the unknown whereabouts are: the fact that the victim joined the E-Mutual Aid Association and the fact that there is no previous conviction other than once of fine

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