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(영문) 대전지방법원 2016.05.13 2015고단4401
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving of a taxi for rocketing other business purposes.

On October 31, 2015, the Defendant driven the above taxi on October 31, 2015, and driven the two-lanes of the two-lanes of the two-lanes in Daejeon Jung-gu, Daejeon, along the two-lanes of the two-lanes from the fourth four-lane distance from the Taepyeong-gu, the Defendant stopped and unloaded the passengers.

In this case, there was a duty of care to take necessary measures such as accurately closing doors in order to prevent any person on or off the vehicle driving service from getting off or getting off the vehicle.

Nevertheless, the Defendant neglected this and did not check the fact that the victim F (the 59-year old) opened a door at the back seat of the taxi, and did not check the fact that the victim F (the 59-year old) was faced with India when the her husband G at the front seat of the taxi when the her husband G left the taxi at the front seat of the her husband, and caused the victim who was under way to move the said taxi to the front seat of the her fore while the back door is open, thereby getting the victim to go beyond the center and go beyond the floor.

Ultimately, Defendant 1 suffered injury to the victim, such as T7, T8’s feleing, L5’s feling, kneeing, kneeing, kneeing, kneeing, kneeing, gneeing, gneeing, etc., which requires approximately eight weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Witnesses G and each legal testimony of F;

1. Descriptions of a medical certificate;

1. Application of the voice Acts and subordinate statutes to sound recording files to telephone communications;

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; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is that there is no person [the person subject to special sentencing] in the basic area (4 months to 10 months) of the first type of traffic accident (the injury caused by traffic accidents) [the person subject to special sentencing] [the decision subject to sentencing] joining a mutual aid association, the defendant's negligence, the degree of injury caused by the victim, and the same criminal records

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