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(영문) 대구지방법원 2017.02.09 2016고단5561
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cab.

On September 3, 2016, the Defendant driven the above taxi around 00:03, and driven the road of four lanes in front of the F cafeteria located in Daegu Northern-gu E, Daegu, with three-lanes from the four-lane boundary of the G NNE to the other four-lanes of the city-speed 85km.

At the time, there was a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and operation of the steering system accurately, because the speed of the surface was mil and the speed of the limit was 56 km per hour.

Nevertheless, the defendant neglected this and did not discover the victim G (53) who was crossing the right side from the left side of the defendant's moving direction to the right side, due to the negligence of proceeding more than 29 km speed per hour while neglecting it, and had the victim go beyond the ground by receiving the victim from the front part of the defendant's driving taxi.

Ultimately, the Defendant suffered injury to the victim, such as the upper half of the left-hand body in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (with respect to the speed of restrictions on roads where accidents occur);

1. A report on internal investigation (as regards submission of a victim's diagnostic report);

1. Application of Acts and subordinate statutes to photographs of video materials of field and suspect stuffs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which caused a traffic accident by negligence by a defendant who renders an excessive driving, resulting in significant injury to the victim. However, the victim is also at fault crossing the victim without permission, and the vehicle of the defendant driver is covered by a comprehensive insurance policy, except for the case where the vehicle of the defendant driver is covered by a comprehensive insurance policy.

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