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(영문) 대구지방법원 서부지원 2013.10.02 2013고단1030
교통사고처리특례법위반
Text

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

except that 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 June 15, 2013, the Defendant driven the above taxi on June 15, 2014:27, while proceeding the intersection of the Dogwon-dong, Seogu, Daegu at the speed from the merchants' four-distance to the girpt apartment.

At all times, there was a signal apparatus installed on the front door, so that a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with good faith.

Nevertheless, due to the negligence of neglecting this, the front part of the victim C(34 years old) driving, who was going to a merchant's four-distance high distance distance from the side of the veterans hospital due to the negligence in violation of the signal, was received as the front part of the defendant's cab.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 12주간의 치료를 요하는 좌측 폐쇄성 대퇴골두의 골절 등의 상해를, 위 오토바이 뒤에 타고 있던 피해자 E(여, 29세)에게 약 4주간의 치료를 요하는 발의 으깸 손상 등의 상해를 각각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report on the actual condition of traffic accidents;

1. Each police statement of C and E;

1. Application of statutes, such as each written diagnosis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

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