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(영문) 대구지방법원 2015.11.05 2015고단4559
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of a rocketing taxi vehicle under his/her own possession.

On July 17, 2015, the Defendant driven the above vehicle at around 12:45, and led the two lanes of the two lanes in the front section D in Daegu North-gu C, Daegu-gu, to proceed from the direction of the Hah elementary school in the direction of the Hahyeong school.

At this point, there is a median line with a yellow solid line, so a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles without harming the center line by accurately manipulating the front line and the left and right, and accurately manipulating the steering wheel and brakes.

Nevertheless, the Defendant neglected this and received the front part of the victim E(the age of 49) driving in the opposite direction due to the negligence of f.o.b. the front part of the victim E(the age of 49) driving in the opposite direction.

As a result, the Defendant suffered injury to the victim, such as cerebral cerebrs, focusing on the fact that there is no open room for the victim to receive approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A medical certificate;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the order of provisional payment is that the defendant's liability for the crime of the victim was not less severe because of the instant accident, but the defendant's late-time misconduct was divided and reflected, the defendant agreed smoothly with the victim, the vehicle was affiliated with the taxi mutual aid association, the defendant had no record of criminal punishment before and after the crime was committed, and the motive, background, means and method of the instant crime, the circumstances before and after the crime, and other circumstances before and after the crime.

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