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(영문) 대구지방법원 2015.04.16 2014고단5233
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of drivery taxi operation.

On July 20, 2014, around 22:23, 2014, the Defendant driven the said taxi at an insular speed with the intersection of the intersection in front of the E station located in Sinsan-si D from the front of the night to the sloping distance.

Since there is an intersection where the vehicle signal apparatus is installed, there was a duty of care for a person engaged in driving a motor vehicle to operate the motor vehicle in accordance with the signals of the vehicle signal apparatus.

Nevertheless, the Defendant neglected this and got the victim F (53 years old) who was walking a bicycle on the crosswalk installed in the front line of the yellow ray at the front of the front line, from the front line of the front line to the front line of the Defendant’s taxi.

Ultimately, the Defendant suffered injury to the victim, such as the two skins requiring approximately eight weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report and each traffic accident report (1, 2) (1, 2) (1), respectively;

1. A blackbbox and video CD;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 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;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (including a person subject to special mitigation) of a traffic accident (1 to 6 months) [including efforts to recover damage] mitigated area (including a person subject to special mitigation] / The defendant is a person operating a taxi as a business. While driving a taxi in 2009, the defendant was negligent in violating the restricted speed at the time of his/her death and neglecting his/her duty of care at the time of his/her death, while driving a taxi in 209. The victim crossed the road without permission.

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