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(영문) 대구지방법원 2021.02.09 2020노210
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

Reasons

1. The lower court’s sentence (one year of imprisonment without prison labor, two years of suspended execution, and community service order) is deemed too unhutiled and unreasonable.

2. The Defendant, who made a judgment, led to the confession of the instant crime and repent of his mistake.

As vehicles are insured by the mutual aid association, the mutual aid association paid medical expenses to victims and agreed on compensation for damages between the mutual aid association and victims.

However, at the time of the instant crime, there was a person driving a crosswalk pursuant to the pedestrian green signals at the time, and even though the victim was at the middle of the crosswalk, the victim was at the middle of the crosswalk, the defendant stopped the taxi on the two-lanes of the three-lanes, but the U.S. is not allowed, and the victim was at fault, and the defendant's negligence is very serious.

The defendant, in the case of the people who look to be customers, had been able to see them by a sprink, and did not see the victim.

However, it is not clear that the above-mentioned internships are not used to board customers, and at the time, it was a vehicle red signal and a pedestrian green signal at the time, and it is not easy to see the victim in view of the Defendant’s black image, which is only a circumstance that the Defendant would not continue to drive a taxi.

The Defendant may have the power to be punished for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act or to have no right to institute a prosecution, and in particular, the Defendant was operated pursuant to a straight line by making a right turn to the left in the straight line in violation of the signal around January 6, 2

On February 13, 2018, a person has been punished by a fine by causing a traffic accident by taking advantage of a vehicle of the opposite vehicle, and on February 13, 2018, a person has been punished by a fine by causing an accident of a vehicle directly engaged in the opposite vehicle due to the negligence in excess of the central line and by negligence of the opposite vehicle.

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