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(영문) 인천지방법원 2017.06.29 2017고단1051

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On December 12, 2016, the Defendant driving the above taxi at around 06:50, and driving two lanes in front of the Incheon Integrated Bus Terminal located in the south-gu Incheon Metropolitan City, Nam-gu, Incheon, at a speed of about 20 to 30km each hour from the entrance of the new global department store to the parking lot, depending on one lane.

In this case, there is a duty of care to check whether a person engaged in driving of a motor vehicle has a way to drive the motor vehicle, and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (the 28-year old) who crosses a crosswalk without signal lights from the left side of the road by negligence, and was placed late in order to avoid this, but did not avoid it, and was placed on the right side of the victim as the front part of the said taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal of the left-hand body of the 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a photograph, a report on the actual condition of a traffic accident, and a field photograph certificate;

1. Relevant Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor / [the scope of recommended punishment] under the basic area (4 months to 1 year) (no person subject to special sentencing) in the basic area (4 months to 1 year) of the type of traffic accident (the decision of sentenced punishment] [the decision of sentenced punishment] on June of imprisonment without prison labor / The victim suffered heavy attention of 12 weeks due to the instant accident.

Nevertheless, the defendant only citing the fact that medical expenses are being paid by the mutual aid association, and the letter is used by the victim.