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(영문) 대전지방법원홍성지원 2020.10.27 2020고단613
교통사고처리특례법위반(치상)
Text

The imprisonment without prison labor for the accused shall be determined by eight months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On May 15, 2020, the Defendant driven the above taxi on May 23:25, 2020, and turn to the left at a speed of about 20-30 km from the direction of the new distance to the speed of about 20-30 km.

Since there is an intersection where a crosswalk without pedestrian signal, etc. is installed, in such cases, a person engaged in driving of a taxi has a duty of care to safely drive the taxi in accordance with the new subparagraph, and to check whether there is a person who gets on the way to see the front door and the left door well, and to safely drive the taxi.

Nevertheless, the Defendant neglected to do so and got the victim D (Nam, 32 years old) who crosses the crosswalk to the port from the right side of the defendant's right side by negligence, and went beyond the victim.

As a result, the Defendant suffered injury to the victim, such as the left-hand cryp pulver pulver pulver, which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. The scope of recommendations according to sentencing guidelines for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order [decision of a type] traffic accidents in general traffic accident [Class 1] traffic accident injury [the scope of recommendations and recommendations] basic area (no special person exists) (the scope of recommendations and recommendations], traffic accident that meets pedestrians at crosswalks of decision of sentencing four to one year imprisonment without prison labor, and it is difficult to see that the defendant's negligence is minor, the victim suffered relatively serious bodily injury and his intention to punish the victim has not been withdrawn, and the vehicle of the defendant is related to the defendant.

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