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(영문) 대전지방법원 2015.06.17 2015고단1237
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

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

On January 13, 2015, at around 23:45, the Defendant driven the above taxi and proceeded to turn to the left the right at the right of the five-lane in front of the Eastern-gu, Daejeon.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by safely driving according to the traffic signal by reducing speed for persons engaged in driving a motor vehicle and driving the motor vehicle well.

Nevertheless, even if the Defendant neglected this and the signal was changed to a vehicle stop signal, the Defendant got the front part of the victim D (the 53 years old)'s E-to-land driving in the direction of 4 Gayang-4 in the direction of Gayang-4 in the occupational negligence, which was left left, from which the Defendant got the victim the front part of the above taxi, and suffered from the victim the gale body bomb, which requires medical treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Legal provisions applicable to the facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and the grounds for sentencing under Article 268 of the Criminal Act;

1. Application of the sentencing guidelines [Determination of types] Traffic crimes, general traffic accidents, types 1 (Bodily Injury resulting from Traffic Accidents) (the scope of recommending area and recommending types]: Basic area of traffic crimes, general traffic accidents, and the scope of recommending types; April to October of a credit cooperative;

2. As a result of the instant crime committed by the Defendant, the Defendant’s decision of sentencing did not only suffer from a sacrife that the victim requires a long-term medical treatment, but also caused brain damage and thus making it difficult for the victim to live a normal life in the future. On the other hand, the Defendant’s negligence is very serious.

In addition, the defendant is also in the past.

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