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(영문) 대전지방법원 2015.12.02 2015고단2883 (1)
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving of a third-party taxi.

On July 7, 2015, at around 08:00, the Defendant driven the said taxi at a three-lane in front of the Hanma Apartment-gu, Daejeon, Daejeon, and driven the said taxi at a non-speed speed depending on the two-lanes of the green apartment from the four-lane off the yellow apartment.

Since a crosswalk and signal apparatus are installed, the defendant engaged in driving service had a duty of care to observe the signal and protect pedestrians who are crossinging, despite the fact that the defendant was in a red color, and the defendant was negligent in crossinging the crosswalk from the right side of the defendant's driving direction to the left side of the crosswalk in accordance with the new signals in contravention of the green signal even though the signal of pedestrians on the crosswalk was green, and the victim D (the age of 65) who was crossing the crosswalk was placed on the right side of the above taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the 12 weeks of medical treatment on the part of the slives in the left slives, and the slives in the inside.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 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 ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accident Type I (Special Mitigation: April-10) (Special Mitigation). In a case where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [Determination of Sentence]: A normal confession made in favor of the defendant, such as the fact that the defendant's violation of duty of care is very serious, the degree of the victim's injury is serious, and the degree of the victim's injury is serious.

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