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(영문) 대구지방법원 서부지원 2015.04.10 2015고단4
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 one year 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 November 1, 2014, at around 03:10, the Defendant driven the above taxi and proceeded from the west-gu, Daegu to the 3-lane from the west-gu, Seo-gu, Seo-gu to the 3-lane from the west-gu, the Defendant changed the way to the 1-lane, and proceeded to the 95km each hour.

At this point, the speed limit is 60 km per hour, and at that time, the speed limit is 48 km per hour, so there is a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and operating the steering system accurately.

Nevertheless, the defendant neglected this and caused the left side and the right side outer wall of the road to the front part of the defendant's taxi by negligence that has passed a limited speed exceeding about 47 km.

Ultimately, the Defendant suffered injury to the victim C (V, 42 years of age) who was on the back of the taxi seat of the Defendant due to the foregoing occupational negligence, such as a chest 12 in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on a traffic accident, a survey report on actual condition, 1, 2;

1. A log of the taxi operation record;

1. A medical certificate;

1. Application of Acts and subordinate statutes to response to meteorological phenomena;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning Handling of Traffic Accidents According to Relevant Acts concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant, as a taxi driver used by the general public, has a higher duty of care to safely operate passengers on board the taxi, resulting in serious injury to the victim, due to the continuous driving of brooms, and is a separate criminal case.

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