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(영문) 대구지방법원포항지원 2020.10.28 2020고단1009
교통사고처리특례법위반(치상)
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

Criminal facts

The Defendant is a person engaging in driving a rocketing taxi.

At around 07:00 on May 19, 2020, the Defendant driven the above taxi and continued the intersection in front of the north-gu C at the port of Pohang to the spare of death at the port of Posi.

At that time, the vehicle signal, etc. is installed, and the vehicle signal, etc. installed on the front side of the defendant was red, and the victim D (n, 68 years old) driving G Spke car is proceeding to the right side in the direction of the running of the above taxi from E to Fpon, and in such a case, the driver of the vehicle has a duty of care to prevent accidents by stopping the vehicle in front of the stop line, stopping the front and left well, accurately operating the steering and brake system.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal, thereby resulting in the Defendant’s failure to take part adjacent to the right side of the said ice car as the front part of the said ice car, leading the said ice car to the left side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as 20 weeks of medical treatment, scambling, etc., and damage of detailed unknown details.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, photographs of the scene of the accident, actual condition survey report, and confirmation photograph of the accident site;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years of a credit cooperative;

2. The range of recommendation [the determination of types] according to the sentencing criteria for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special sentencing person] - the mitigation factor: the mitigation factor - the aggravation of punishment: traffic accidents.

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