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(영문) 대전지방법원 천안지원 2015.09.15 2015고단812
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duties of driving a small-type taxi in C.

On December 25, 2013, the Defendant driven the above taxi on December 22:3, 2013, and proceeded at a speed of 60 to 70km each hour at the speed of 60 to 70km each hour along the two-lanes from the underground street along the speed of the Sinsan-si in the speed of the Sinsan-si.

At the time, crosswalks are installed at night, and in the vicinity, there are vehicles standing in the vicinity, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle, such as taking into account the possibility of a sudden occurrence of the vehicle at a conspicuous place, such as a vehicle in the front and rear, and a vehicle in the stop, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded without permission, thereby resulting in damage to a victim D (at 21 years old) who crosss the above crosswalk to the right side from the left side of the si to the front part of the si in front of the si, thereby having the victim capable of walking independently and causing a decrease in the recognition function, thereby causing the victim to become a imprisoned victim or to suffer from an incurable or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate and a medical statement;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the agreement, the degree of negligence of the accused, etc.);

1. Where the basic area (including specially mitigated persons), penalty not (including serious efforts to recover damage), or serious injury has occurred (the first type) of general traffic accidents (the scope of recommendation).

2. Prior to a decision of sentence:

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