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(영문) 대구지방법원 2014.08.14 2014고단2037
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a rocketing taxi.

On March 3, 2014, the Defendant driven the above taxi on March 23:28, 2014, and proceeded with the street in front of the E market F in Daegu Dong-gu, Daegu Dong-gu from the 1st Do Public Security Center to the surface of the enzed bridge.

There have been many parking cars on both roads, commercial concentration areas with no median line, and traffic control is not carried out, so a person engaged in driving service has the duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily stopping it, and to drive it.

Nevertheless, the defendant neglected this and did not temporarily stop and entered the intersection as it is, due to the negligence of entering the intersection, the victim's front part of the victim G (the age of 56) driving that was entering the intersection from the room of the Madzydong Elementary School to the intersection, which was the front part of the victim's G (the age of 56) driving before the left side of the defendant, and got the victim over the ground floor.

Ultimately, the Defendant caused the victim to die at the Daegu-ro Hospital located in 99 Daegu-ro, Daegu-ro, Daegu-gu, on March 13, 2014, at around 20:04, during the treatment process, the Defendant caused the victim’s death with a multi-presidential long-term injury.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. Protocol of autopsy and written diagnosis of death;

1. Cabbbbbox CDs;

1. Application of the Acts and subordinate statutes to photograph damaged parts of the vehicle involved in an accident;

1. Article 3 (1) 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, and Selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommending punishment] There is no basic area (8 to 1 year and 6 months) (the person causing traffic accident] [the decision of sentencing] [the defendant's negligence], and the result of the victim's death.

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