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(영문) 대구지방법원 2015.09.10 2015고단2342
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended 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 driving of CK5 taxi vehicles owned by a new transportation company.

On April 26, 2015, the Defendant driven the above taxi on April 00:20, while driving it, led to the direction of Thaltering in the direction of Thaltering along the four-lanes in front of the Ejustal station located in Daegu Northern-gu, Daegu.

At that time, since the restricted speed is 60 kilometers per hour, a person engaged in driving a motor vehicle has the duty of care to observe the restricted speed and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and was negligent in proceeding at a speed of at least 101 kilometers per hour due to a violation of the speed limit, and received the body of the Victim F (F, E, 49 years old) who illegally crossed a road at the front of the direction of the proceeding, in front of the said taxi.

As a result, the Defendant suffered injury to the above victim, such as an open frame at the bottom of the Bridge, which was accompanied by a non-alleys that require approximately 14 weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A medical certificate;

1. Overspeed video CDs;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] In the case where the victim is at considerable fault in the occurrence of traffic accidents or the expansion of damage, in the area of special mitigation (1 to 6 months) [Special Mitigation], the victim is not subject to punishment (including efforts to recover damage] [decision of sentence] of this case where the victim was at considerable disadvantage due to considerable injury, but the defendant's liability for the crime is not easy, and the defendant's mistake is late and against it.

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