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(영문) 대구지방법원 김천지원 2014.12.17 2014고단1272
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in Bchip taxi driving service.

On July 30, 2014, around 21:56, the Defendant was forced to go straight on the surface of the road after the extension of the road at the intersection of the sloping distance, which is located in the Pyeong-dong, Sinsi, Sin-si.

Since there is a place in which traffic is controlled by the traffic signal apparatus, there was a duty of care to the person engaged in driving service to operate safely in accordance with the new code.

The Defendant neglected to do so and was negligent in failing to observe the signal, and received the full part of the Defendant’s taxi driving car as the front part of the victim C(the 62-year-old driving) driving, who violated the signal from the surface of the road to the right-hand left-hand turn.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body part of the body part in which detailed treatment is necessary, for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of a traffic accident occurrence report, actual condition investigation report, and results of the analysis of a traffic accident;

1. Application of Acts and subordinate statutes of Part VIII of the medical certificate;

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. The Defendant’s negligence on the grounds of sentencing Article 62(1) of the Criminal Act is heavy, and the degree of damage is not minor;

However, taking into account the fact that the victim has a substantial negligence, the fact that the victim has purchased a comprehensive insurance policy, the fact that there is no record of criminal punishment, and the scope of the recommended punishment according to the sentencing guidelines (the scope of the mitigation area (one to six months) for the first type of ordinary traffic accidents, the special mitigation person: the victim also has a considerable negligence in the occurrence of traffic accidents or the expansion of damage), and all other circumstances, such as the victim's age, character and conduct, environment, etc., shall be determined as ordered.

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