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(영문) 인천지방법원 2016.03.24 2015고단8430

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant driven a B rocketing taxi at around 03:40, and proceeded at an indefinite-gu, Incheon Gyeyang-gu, 557 enzy 2-line, e.g., the fourth-lane road in front of the Public Security Center, in the direction of the center for the culture of the elderly, with two lanes in the direction of the forema distance.

Since there was a cross-section where red-off signal, etc. was installed in the direction of the defendant's proceeding, there was a duty of care to temporarily stop before passing through the intersection and take care of other traffic.

Nevertheless, the defendant neglected to temporarily stop the part of the victim C(54) driving on the left-hand side of the running direction of the defendant due to the negligence of the defendant's failure to temporarily stop, and the left-hand side of the victim C(54) was shocked by the defendant's vehicle.

As a result, the Defendant suffered injury, such as scarfing a chest for about 10 weeks from the above occupational negligence, and injury to the victim E (V, 52 years of age) who was on board the taxi driving by the Defendant, including salt ties for about 2 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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 provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against C with a heavier penalty);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant, as a taxi driver, continues to stop at the intersection where on-and-off signal, etc. is installed without temporarily stopping, and the nature of the crime in light of the background of the instant crime and the degree of damage to victims, etc. by shocking another taxi driver and passengers who entered the said intersection.