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(영문) 인천지방법원 2014.05.21 2014고단2224

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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.

피고인은 2014. 2. 24. 16:10경 위 택시를 운전하여 인천 남동구 만수동 73-91에 있는 국대떡볶이 앞 편도 1차로의 도로를 숭덕여고 방면에서 만수시장 방면으로 시속 약 30km의 속력으로 진행하게 되었다.

At this point, there was a crosswalk and there was a duty of care to safely proceed in accordance with the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, even though the vehicle signal has been changed to yellow signal, the Defendant neglected this, but did not stop in front of the crosswalk, and did not stop on the right side of the above taxi running along the crosswalk to the left side of the crosswalk, and took the victim's body part from the right side of the above taxi driving direction to the left side of the crosswalk, and turned the victim over the ground.

Ultimately, the Defendant suffered injury to the victim, such as the mouths at the bottom of the Bridge, accompanied by a non-alleys (all sections) in need of approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report and each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

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

1. Reduction area among the injury of traffic accidents caused by the traffic accidents in the course of the general traffic accidents in accordance with the sentencing criteria: One month to six months (special-speed persons): No penalty shall be imposed;

2. In light of the fact that the Defendant, who was sentenced to sentence, runs at a speed higher than that in front of the crosswalk in yellow fluoral, the degree of negligence is serious and the victim suffered serious injury, the Defendant should be punished strictly.

(b).