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(영문) 인천지방법원 2013.09.26 2013고단3032
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of B-si.

On May 10, 2013, the Defendant driven the above vehicle at a speed of less than 30 km from May 10, 2013 to drive the said vehicle at a speed of less than 30 km per hour from the 4-lane on the side of the small long-term distance in the street of the hospital.

Since the location is where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals.

Nevertheless, the defendant neglected this and caused the damage to the right side of the DCA 110 Otoba, which the victim C (the 50-year-old) drives on the right side from the left side of the running direction of the taxi due to the negligence of violating the stop signal.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim C in the framework of the body body of the light felb, accompanied by a felball, which requires approximately 12 weeks of treatment, and the injury to the felbine E (V, 43 years of age) in need of approximately 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

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 criminal facts;

1. Articles 40 and 50 (Punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with a More serious criminal situation);

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration that there is no previous conviction who was sentenced to imprisonment without prison labor or a heavier punishment, that the vehicle is subscribed to the taxi mutual-aid, that the degree of injury has been agreed with the victim C, that there is a violation of mistake, etc.);

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