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(영문) 대구지방법원 2015.01.15 2014고단4919
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driving B rocketing taxi.

On September 15, 2014, the Defendant driven the above vehicle at a speed of 87 kilometers a speed of 87 kilometers a speed of 15 kilometers a three-lane from the liberal underground map to the lurg elementary school, along the four-lane road in front of the D agency located in Daegu Northern-gu C.

Since there is a crosswalk, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a road to reduce speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the Defendant was negligent in neglecting this and was the victim E (the age of 77) who dried the crosswalk as the front part of the said taxi due to negligence.

As a result, the Defendant suffered from the above occupational negligence that requires approximately eight weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on 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 and the Selection of Imprisonment without prison labor for a crime;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and to attend a compliance driving lecture [the scope of recommendations] there is no basic area [4-10 months] of the first type of traffic accident [the decision of sentence] [4-10 months] [the defendant] the defendant violated the duty to protect pedestrians in the crosswalk and caused the accident of this case in light of the fact that the defendant violated the duty to protect pedestrians in the crosswalk and the victim suffered serious bodily injury, the crime liability is unlimited, the defendant goes against his mistake, the vehicle of this case is affiliated with the mutual aid association, the defendant has no criminal record of suspended execution or more, and the motive, means and means of the crime of this case.

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