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(영문) 대구지방법원 포항지원 2017.06.08 2017고단8
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Punishment of the crime

The defendant is a person who drives a rocketing taxi for business purposes in the course of business.

On December 10, 2016, the Defendant came to turn to the left from the right edge of the road from the new point of the Saemaul Undong at the port of port on December 10, 2016, where the above vehicle is traveling to the right edge of the street.

At the same time, the central line was installed, and the victim C (the age of 61) was crossing the road according to the pedestrian signals in the crosswalk where the signal apparatus is installed, so in such a case, the driver did not intrude the central line, and the driver had a duty of care to prevent the accident in advance by safely operating the front left and right in accordance with the new signals.

Nevertheless, the defendant neglected this and neglected to turn left the center line as it is, and caused the collision between the left-hand bridge part of the victim who walked the crosswalk in accordance with the pedestrian signals and the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as an infinite finite finite finite finite finite finite finite, which requires approximately 10 weeks medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] The case where the illegality in the category 1 (the injury of traffic accidents) (the person with a special aggravated punishment) (the person with special aggravated punishment) (the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases of the Republic of Korea is serious, or the case of a bomb driving (the decision of sentence] is divided by the defendant, the vehicle of the defendant is affiliated with the taxi mutual aid association, and the defendant lives in an economically difficult life.

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