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(영문) 대구지방법원 경주지원 2017.07.05 2017고단201
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the duty of driving K5 taxis.

On February 21, 2017, the Defendant, at around 13:00 on February 21, 2017, proceeded at a speed below the speed of 564-4,000 square meters in front of the four streets in the hotel room of the hotel, which is one-lane of the two-lanes of letter.

At the time, the traffic signal was cross-road crossing with the traffic signal, so there was a duty of care to prevent the occurrence of accidents by entering the cross-section in green signals with the view of the right and the right and the right and the right of the defendant who is engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and went to the right side of the victim C(54) driver's vehicle, which was proceeding in accordance with green signals from the right side of the defendant's proceeding direction to the left side at the time, and received the front part of the victim C(54) driver's vehicle as the fences in front of the right side of the taxi.

As a result, the Defendant suffered, by its occupational negligence, the injury to the above victim C, such as salvines of abandonment on the left-hand 10 weeks of treatment, and the injury to the victim E (the victim E (the 46 years old) of the damaged vehicle due to approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, field photographs, and medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order have caused traffic accidents by negligence by the defendant who violated the signal, and the victims' injury is relatively heavy.

However, the fact that the defendant confessions, the fact that the defendant agreed with the victim C, the fact that the general insurance is subscribed to, and all other factors of sentencing that are shown in the trial of this case.

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