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(영문) 대구지방법원 2013.05.30 2013고단1483
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing taxi.

On January 15, 2013, the Defendant driving the above taxi at around 20:58, and driving the two-lane of the two-lane in front of the live public parking lot in Daegu Northern-dong, Daegu, at a speed of about 60km depending on the side of the intersection distance from the intersection distance.

At the time of night, a crosswalk without a traffic signal is installed at the front of that place. In such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle is a person to reduce the speed and to check well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in order to prevent the accident from spreading.

Nevertheless, the defendant neglected to do so and proceeded on the left side of the running direction of the defendant, and the victim C (58 years old) walking along the above crosswalk was shocked by the defendant's front part of the taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of the left-hand top of the mouth, which requires medical treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Medical certificates and written confirmations;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

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

1. Although the defendant's responsibility for sentencing under Article 62-2 of the Criminal Act is very important for the reason of sentencing, the sentence is imposed as ordered in consideration of the defendant's age, occupation, etc. that the victim and the victim have agreed smoothly, that the sea-going vehicle is affiliated with the National Federation of Passenger Transport Business Association of Korea, and that there was no criminal record of suspended execution or more for the same reason.

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