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(영문) 인천지방법원 2018.02.21 2017고단8570

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 a period of two years 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 July 20, 2017, the Defendant driven the above taxi on July 20, 2017, which is located in Incheon Nam-gu, Nam-gu, Incheon, and continued D's front road into a new engineer distance protection area from the long distance protection area.

Since there is a place where signal lights and crosswalks are installed, there was a duty of care for the driver of the motor vehicle to safely drive the motor vehicle by complying with the signal.

Nevertheless, the Defendant neglected this and got the body of the victim E (the 55 years old) who was a walker between the crosswalks and the stop line on the crosswalks by the negligence of going beyond the red signal, in violation of the signal signal, and thereby going to the left side of the Defendant’s taxi.

As a result, the Defendant suffered approximately 10 weeks of the victim's ele and left-hand knee and left-hand knee in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes (E);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act: (a) the mitigated area (one month to eight months) of the mitigated area (including a special mitigated person) / [the sentence] the sentence decision / the sentence decision / the defendant’s age, sexual behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively taken into account the sentencing conditions as set forth in the trial of this case, such as the defendant’s age, sexual behavior, family relation, family environment, motive and means of the crime, and circumstances after the crime.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The agreement was reached with the victim.

A disadvantageous condition: the injured party.