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(영문) 대전지방법원 2015.05.21 2015고단672
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 who is engaged in driving of CM5 taxis.

On February 6, 2015, the Defendant driven the above taxi on February 21, 2015, and proceeded along the four-lane road in front of the E pharmacy in Daejeon-gu, Daejeon-gu, along the four-lane road, and one-lane from the west four-distance distance to the west-gu from the west-gu.

At that time, there is a place where a sign of pedestrian and direct signal is installed, so in such cases, a person engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the good faith.

Nevertheless, the Defendant neglected this and caused the collision with the front part of the victim F (Nam, 20 years old) who was driven by the normal signal on the opposite part of the Defendant’s taxi due to his negligence in violation of the signal, with the front part of the part of the victim F (F, South, and 20 years old), which was driven by the Defendant.

As a result, the Defendant suffered injury, such as cutting the body of strekes, which requires approximately six weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes of a 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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Transport Crime Group, General Traffic Accidents (Type 1), Reduction Area, imprisonment without prison labor for one month or six months (decision of a sentence] Ad hoc a suspended sentence of imprisonment with prison labor for one time (1981) and one time (204), joining a personal taxi mutual-aid association, victim's intention not to punish, circumstances leading to the crime, degree of damage, Defendant's age, occupation and happiness environment, etc. shall be considered;

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