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(영문) 대구지방법원서부지원 2020.11.25 2020고단1386
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

Punishment of the crime

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

On February 19, 2020, the Defendant proceeded at a speed of 89 km each hour between the five-lanes in the direction of the death voltage in the direction of the mother-distance, the front road D in Daegu-gu, Daegu-gu, and the direction of the death voltage.

Since there is a road with a restricted speed of 60 km per hour, the driver of the motor vehicle has a duty of care to observe the restricted speed, to properly see the front left, to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and failed to drive a speed exceeding 29 km a speed of speed, thereby crossing the road in the direction of the left-hand side from the direction of the Defendant’s running direction to the left-hand side, and received the left-hand part of the FGTS125 Oba, the left-hand side of the Defendant’s driving.

Ultimately, the Defendant, by such occupational negligence, caused the victim E to suffer bodily injury, such as mination of fladratary fladratary fladrat and fladrative fladrative fladrat, etc., which requires approximately 2 weeks of treatment to the victim G (ma, 25 years of age) who is the passenger of the Defendant vehicle, and suffered bodily injury to the victim H (ma, 38 years of age), such as catum fladrat, tensions, etc., for which approximately 2 weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each statement of G and H;

1. The actual condition survey report;

1. Each letter of results of analysis;

1. Each written diagnosis (the sequence 15,22 of the evidence list);

1. Application of Acts and subordinate statutes on accident site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

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

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