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(영문) 대구지방법원 2015.12.22 2015고단4990
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a small-type taxi B.

On September 14, 2015, the Defendant driven the above car at around 05:10, and got to turn to the right from the lower side of the DNA oil station located in the Gyeongsan-si, Gyeongbuk-si.

Since there is a three-distance intersection with signal apparatus, there was a duty of care to prevent accidents by driving safely according to signals such as signal to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant, by negligence in violation of the signal, was driven by the victim E (the aged 48) who normally proceeds from Daegu on the left side of the Youngcheon-do to the left part of the front part of the F Coststar car driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as minculization of the left-hand sulverization and blood species, which require approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E;

1. Medical certificates (E);

1. On-site photographs and booms image images of the screen pictures;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] No basic area (4-10 months) of the first type of ordinary traffic accident (the injury caused by traffic accident) [decision of sentence] [decision of sentence] The defendant's liability for the crime of the victim due to considerable injury caused by the accident of this case is not easy for the victim, but it is too late for the defendant to repent and reflect his mistake, vehicle is being admitted to the taxi mutual aid association, and it is agreed with the victim.

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