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(영문) 대구지방법원 서부지원 2012.11.08 2012고단941
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On June 21, 2012, at around 04:20, the Defendant driven the above van, and led the road of five lanes in front of the restaurant, such as the Seogu Daegu-gu Tridong, Seo-gu, Seoul, to drive about 70 KK at the speed of about 70 KK at the speed, depending on four lanes from the direction of the death voltage distance.

At night and on the five-lanes at the front, the victim D (the age of 48) stopped his taxi and opened a door to the driver's seat, so the person engaged in driving service has a duty of care to reduce the speed and prevent the accident in advance by properly examining the front.

Nevertheless, the defendant neglected this and proceeded with the part of the victim and the above taxi driver's seat in front of the above van by negligence.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence for about 20 weeks, and at the same time damaged the 3,536,016 cab owned by the victim to cover the 3,536,016 cab.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to written estimates, medical certificates, and medical statements;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

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

1. The degree of injury of the victim caused by the instant accident is too serious (the victim has suffered from brain damage and received hospitalized treatment so far as they do not have so far). It was not agreed with the victim. The vehicle operated by the defendant was not covered by mandatory insurance, so it is difficult to properly compensate the victim. The defendant is drinking alcohol at the time of the instant accident.

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