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(영문) 대전지방법원 천안지원 2014.01.02 2013고단1601
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 person who is engaged in driving a NFS or other taxi vehicle.

On October 19, 2013, around 01:15, the Defendant: (a) was negligent in the course of performing duties, which did not look at whether pedestrians exist by temporarily stopping in front of the crosswalk while driving the blind distance from the front of the new-dong Paris-dong, Chungcheongnam-gu, Incheon to the south-do along the south-do along the intersection, and caused injury to the victim C (the age of 42) walking along the crosswalk from the front side of the new apartment of the said road, which did not look at whether pedestrians exist by temporarily stopping in front of the crosswalk; and (b) was able to receive approximately 12 weeks of the front part of the said vehicle from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a traffic accident report, actual survey report, accident site, photograph of the accident site, and diagnostic certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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

1. The punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the degree of injury of a victim for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the degree of injury of a victim is significant; (c) the failure to reach an agreement; and (d) the accident at crosswalks, etc. are disadvantageous to the defendant; (d) the cab vehicle is admitted to the taxi mutual aid association and appears to have received the compensation for medical expenses; (e) the defendant is against his/her own crime;

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