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(영문) 인천지방법원 2015.04.23 2015고단923

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving of K5 si.

On January 28, 2015, the Defendant driven the si on the 09:50 on January 28, 2015, while driving the si, which is located in the office of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, in the direction of the simil distance from the boundary of the Bupyeong-gu Hospital.

However, due to negligence in violation of the signal, Dbeer or a car driven by C, which was driven by the left-hand side of the running direction by negligence in violation of the signal, was taken as the front-hand part of the said taxi, and continued to be equipped with the traffic signal control apparatus installed on the road.

Therefore, the victim E (V, 62 years of age) who was aboard a taxi due to its shock sustained injury such as catum catum catum, etc. which requires about 10 weeks of treatment, and catum catum catum, etc. which requires about 3 weeks of treatment to the victim F (V, 37 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of F and E;

1. A traffic accident report (1) (1)

1. Application of Acts and subordinate statutes, such as a medical certificate (E) and a medical certificate (F);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., the primary offender, the violation of crimes, the membership in the Financial Cooperative, the victims, and other relevant factors) [Scope of recommending sentence] the area of mitigation (i.e., January to June) (including special mitigation), the area of mitigation (including serious efforts to recover from damage) of general traffic accidents (including the decision of sentence] the area of mitigation (i.e., a special mitigation), the area of punishment not (including a serious effort to recover from damage), and one year of suspended sentence;