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(영문) 인천지방법원 2018.11.16 2018고단7131

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the duty of driving a small-type taxi B.

On September 23, 2018, the Defendant driven the above taxi on September 23, 2018, and came to turn to the right from the west-gu Incheon, Seo-gu, Seo-gu to the west-gu Office.

At that time, the signal apparatus was installed, and the defendant's direction was a red stop signal, so the defendant engaged in driving of the motor vehicle had a duty of care to safely pass through the intersection according to the new code.

Nevertheless, due to the negligence of entering the intersection of the stop and making a left turn, the Defendant suffered from the injury of the victim D(47 years old) who passed the intersection from the effic-dong to the Cheong-do, in front of the left part of the EK5 vehicle operated by the said effic-si, by shocking the front part of the said effic-si, the Defendant suffered from the said effic-car the injury of the efic-gu gate, etc. in need of a five-day medical treatment, the injury of the efic-ined efic-ros, tensions, etc. to the victim FF (26 years old) who was on board the said efic-si in need of a three-day medical treatment, and the injury of the victim G (54 years old) who was on board the said efic-si in need of a three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. One and two motor vehicles accident reports;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the selection of imprisonment without prison labor for an offense, Article 268 of the Criminal Act, and the selection of each type of imprisonment without prison labor for an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to one year) of the types of general traffic accidents (no person subject to special sentencing];

2. The instant crime determined by sentence was committed by the Defendant while making a left turn to the left at the opposite line in violation of the intersection.