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(영문) 대구지방법원 서부지원 2015.11.06 2015고단1175
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 engaging in driving a rocketing taxi.

On March 13, 2015, the Defendant driven the above taxi on March 13, 2015, and proceeded at a speed of about 60km at a speed of 30km in length, depending on the two-lanes from the ston distance to the ston distance.

In such a case, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering gear and steering the steering gear.

Nevertheless, the defendant neglected this and tried to find out the victim E (74 years of age) who proceeded in the crosswalk which was installed in the accident place due to the negligence of the defendant, in violation of the right-hand signal from the left-hand side of the taxi running in the defendant's taxi driving direction. However, the defendant did not reach this and received the victim's body in front of the left-hand side of the defendant

As a result, the defendant suffered serious injury to the victim due to brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, etc.;

1. The actual condition survey report;

1. Investigation Report - Application of the statute to the extent of serious injury

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the occurrence of the accident, the fact that taxi has subscribed to the mutual aid association, efforts to recover damage, etc.);

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