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(영문) 대구지방법원 2017.05.25 2017고단1322
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On February 2, 2017, the Defendant driven the above taxi on February 12:15, 2017, driving the D gas station located in Daegu Northern-gu C along a two-lane speed from the side of Seongbuk-gu to the string apartment of U.S., and driving the road at the speed of about 10km per hour.

There is a signal apparatus such as a crossing, and there is a prohibition of a U-turn, and in this case, there is a duty of care to prevent a driver of a motor vehicle from making a U-turn or from obstructing the normal passage of other motor vehicles.

Nevertheless, the Defendant neglected this and caused the Defendant to go back to the right side of the taxi of the Defendant, in front, while driving FHJ10T-7C of the Victim E (59) driving, which normally proceed from the NAN to the right side of the taxi of the Defendant, in accordance with the progress signals of the vehicle from the NAN-7C, due to the negligence of the Defendant's moving towards the right side of the taxi.

As a result, the Defendant suffered injury to the victim in the above occupational field and room, such as pressure booms (No. 3, 4, 5, 6, and 7 of the plebal chills) that require approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. An accident scene photograph or on-site photograph;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area of Class 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months), [Special mitigated Persons] Punishment Non (including efforts to recover damage) [Pronouncement Decision] - The disadvantageous circumstances are considerably significant in the result of the injury suffered by the victim due to the instant accident - The favorable circumstances are the vehicle of Defendant driving is insured with the mutual aid association, and the victim is the victim.

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