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(영문) 대구지방법원 포항지원 2020.06.11 2020고단274
교통사고처리특례법위반(치상)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

However, the above sentence shall be executed for one year 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 driving the KS5 taxi.

On December 24, 2019, at around 02:48, the Defendant driven the above taxi and entered the intersection with two lanes in front of the D, located in the north-gu, Mapo-si C at Port, North Korea, along two lanes from E to F apartment, while driving at approximately 50km each hour from E to F apartment.

At this point, there was a duty of care to reduce the speed of persons engaged in driving service, to live well on the front side and the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front part of the victim H(55 years old) driving on G from the direction of the windowping distance to G when it was due to negligence in violation of the stop signal while driving the vehicle, which was in progress in accordance with the new code, from the direction of the windowping distance.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim H, such as an injury on the left-hand part of the entrance that requires approximately 8 weeks of medical treatment, and the victimJ (38 years of age) who was on board the said rocketing taxi, suffered from the injury, such as the injury of spelke, etc. which requires approximately 4 weeks of medical treatment, the injury of the victim K (38 years of age), the injury of the spelke, etc. requiring approximately 6 weeks of medical treatment to the victim L (64 years of age), the injury of the right spelke, etc. in need of approximately 6 weeks of medical treatment, and the injury of the victim M& (25 years of age) who was on the 5-cab operated by the Defendant, in need of approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of an alternative imprisonment without prison labor (the degree of negligence and damage shall be taken into account).

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