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(영문) 대구지방법원 서부지원 2019.05.15 2018고단3473
교통사고처리특례법위반(치상)
Text

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

except that 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.

At around 23:55 on May 13, 2018, the Defendant continued the 1669 arm’s length distance intersection from the two edges to the 99.0km at the speed of 16.0km, depending on five lanes from the two edges.

At this point, the signal apparatus is installed and the speed limit is 70 km per hour, so the person engaged in driving service has a duty of care to observe the speed limit and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the road by taking part of the left part of the part of the victim D (Nam, 39 years old) on the left part in the direction of the Defendant’s right side, where the Defendant violated the signal, and the speed limit exceeds 29 km per hour, due to the negligence of going beyond 29 km.

The Defendant, by its occupational negligence, suffered injury, such as the exposure to the blue blue bones and the bones of the blue bones that requires approximately 12 weeks of treatment from Defendant taxi passengers E (the age of 25). The Defendant suffered injury to the said victim D, such as the exposure to the blue bones, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, an accident scene photograph, and a report on actual condition investigation;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes, such as a copy of a medical certificate (E), and a general medical certificate (ar);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, Article 268 of the Criminal Act;

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

1. Selection of alternative imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that the instant accident was caused by the violation of signal and the speed, and the fact that the victim D suffered serious injury, etc. are led to confession and are against the law.

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