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(영문) 대전지방법원 2018.11.22 2018고단3261
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2018, the Defendant is engaged in driving of B-5 private taxi. On August 22, 2018, the Defendant was driving the above K5 taxi, and was driving from the most four-lanes to the E-sections according to the first two-lanes between D and D in Daejeon Seo-gu, Daejeon.

In this case, a person engaged in driving service has a duty of care to thoroughly operate the signal in the front direction and safely to maintain the signal.

Nevertheless, the Defendant neglected this and took the front part of the victim F (44 ) driving G rocketing taxi driving with the most four-distance four-distance four-distance four sides in the direction of the car driving in the direction of the car in question by negligence in violation of the signal and received the front part of the right side of the said K5 si.

Ultimately, the Defendant suffered, from the above occupational negligence, from injury to the victim F, the victim H (V, 47 years old), who is the passenger of the said rocketing taxi, the injury of the victim, such as the influenite, the influence of the lower part of the aggregate that requires approximately 10 weeks of treatment, and the injury of the victim I (V, 52 years old), such as the influence of the upper part of the upper part of the river, which requires approximately 8 weeks of treatment to the victim I (V, 52 years old), the injury, such as the influence of the upper part of the upper part of the upper part of the river in need of treatment for about 3 days of treatment to the victim J (V, 24 years old) who is the passenger of the said K5 si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. The actual investigation report on traffic accidents;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The instant traffic accident occurred due to the negligence of the defendant on the grounds of sentencing of Article 62(1) of the Criminal Act, and there are disadvantageous circumstances such as the occurrence of considerable personal and material damage, but the defendant is also in accordance with the suspended sentence.

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