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(영문) 대구지방법원 서부지원 2017.05.19 2016고단2616
교통사고처리특례법위반(치상)
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 13, 2016, the Defendant driven B rocketing taxi around 13:50, and continued two lanes of the two lanes in front of the post office in the month of Daegu Seo-gu, Seogu, the 13th century at a speed of about 40 KK in the speed of the Sin-si at the distance of a fire station, from the streke distance of the monthly elementary school to the direction of the fire station.

Since a crosswalk is installed on the front side, in such a case, the driver had a duty of care to check whether there is a person who will cut the road by reducing the speed and checking the right and the right and the right of the driver, and to prevent the traffic accident in advance by driving safely.

Nevertheless, the Defendant neglected this and did not look at the front side and the left side of the taxi, and took part of the victim C (36 years old) who opened the road along the crosswalk on the right side from the left side of the taxi driving direction of the Defendant to the right side, and suffered injury to the victim, including approximately 12 weeks of the front part of the taxi driving of the Defendant, by taking up the part of the victim C (36 years old) in front of the left side of the taxi driving of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

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 concerning criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that subscription to the mutual aid and the victim does not want the punishment);

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