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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1270
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a taxi vehicle B K5 taxi.

On May 27, 2020, the Defendant driven the above car at around 22:36, and continued to drive the above car at around 22:36, the roads of three lanes in front of the D in South-gu, Seoul at the port of port along three-lanes from the E head office to the Cheongdo-dong.

Since there is a road with a speed of 60 km per hour, the driver of the vehicle has a duty of care to ensure safe operation by complying with the speed limit, driving on the front side and the left side, and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and neglected the speed exceeding 29 km a speed of 89 km a speed exceeding that of speed per hour, and received the victim F who crossed the road at the front side of the road on the front side of the road running by the Defendant at the speed of 89 km a speed exceeding the speed of 29 km a speed.

As a result, the Defendant suffered serious injury to the victim due to the injury of the father who was not aware of the details of the number in detail due to the above occupational negligence, and the symptoms of the neutronic neutism.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on the scene of an accident, a photograph of an accident, five closure photographs of a witness vehicle, a CD 1 CD analysis, a letter of request for appraisal, a reply to a request for appraisal, three copies on a witness vehicle operation, three copies of an EDR extraction document, two copies of a photograph of a witness vehicle, and six copies of the results of the analysis of a traffic accident;

1. Four copies of a medical certificate and one copy of a medical opinion;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One month to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing criteria [the types of traffic accidents]. General traffic accidents.

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