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(영문) 인천지방법원 2014.08.21 2014고단1527

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a small-scale taxi.

On December 22, 2013, the Defendant driven the above vehicle at around 01:04, and led to turn to the left at the seat of the operation station in Gyeyang-gu, Incheon Metropolitan City.

Since the above intersection has a traffic signal installed, there was a duty of care to observe the signal and prevent the traffic accident by driving the motor vehicle on the part of the motor vehicle.

Nevertheless, the Defendant neglected this and received the front portion of the victim D(53 years old) Ebasi in front of the said C-si vehicle, which was proceeding in accordance with the traffic signal from the opposite vehicle due to the negligence of left-hand turn to the traffic signal of the opposite vehicle.

As a result, the Defendant suffered from vertebrate damage that requires approximately 8 weeks of medical treatment to the victim D, and suffered from pleatitis and pelvisional fels that require medical treatment for about 12 weeks to the victim F (the 28 years old) who was on his her cab head, and suffered from injury to the victim G (the 47 years old) who was on his her cab at around 3 weeks of medical treatment to the victim G (the 47 years old).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of G and F;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

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

1. The proviso to Article 3 (2) 1 and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the most serious criminal situation)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determinations: [19].