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(영문) 인천지방법원 2014.03.27 2013고단8064

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing taxi.

On November 8, 2013, the Defendant driven the above taxi on November 22:46, 2013, and turn to the left at a speed of about 59 km from the direction of the calculation district to the front side of the Seocho-gu Incheon Gyeyang-dong 213-3 Seocho-gu, Seocho-gu, Incheon.

Since there is an intersection where a signal is installed, there was a duty of care for a person engaged in driving of a motor vehicle to live well on the front side and the left side, to accurately operate steering and brakes, and to safely drive the motor vehicle according to the vehicle driving signal.

Nevertheless, the Defendant neglected this and got the front part of the Dwheeled Vehicle driven by the victim C (the age of 18) driving on the direction of the Gyeyang Police Station by the negligence of violating the signal by entering the intersection in yellow, etc., on the left side of the said taxi.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as mination of the left-hand le executives in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. A medical certificate;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "ordinary circumstances favorable to the defendant among the reasons for sentencing");

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) Determination of type: Traffic crime, general traffic accident, and first type;

(b) Special and general bilateral factors: Aggravation factors (serious injury, proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents), mitigation factors (automobile comprehensive insurance, victims' gross negligence);

(c) Scope of recommendations: Basic area, April to October of credit cooperatives;

3. Determination of sentence: Six months of imprisonment without prison labor; and