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(영문) 인천지방법원 부천지원 2017.06.22 2017고단297
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On June 8, 2010, the Defendant driven the above taxi at around 07:00, and led to the intersection of the private distance without a signal No. 351, Seocheon-si, Seocheon-ro, to the elbow village from the opening of the blue-ro.

Since there is a place where the passage of a vehicle is frequent by a private-distance intersection, the defendant engaged in driving the motor vehicle has a duty of care to properly look at whether another motor vehicle is traveling at the intersection and to accurately manipulate the steering direction and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and tried to overtake the unclaimed cargo vehicle that had continued to go beyond the central line, and the victim D (61) who had entered the said intersection by the negligence and went to the said intersection and went to the new interest interesting area from the surface of the Daesung Hospital to the new interesting area, did not find the dynas that the Defendant had driven the dynas in front of the said taxi and caused the damage to the road by obtaining the left part of the said dynas that the victim driven by the said dynas.

As a result, the Defendant suffered from the blood transfusion from a wound with which the number of days of treatment cannot be known to the victim due to the above occupational disorder and the victim suffered serious injury, such as the recognition function disorder and the left-hand paralysis on the upper left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A traffic accident report, a traffic accident occurrence report, and a written diagnosis;

1. Application of each statute on photographs;

1. In a case where an injury occurs among the types of general traffic accidents in the aggravated area (eight months to two years) (a person with a special aggravated punishment) (Article 3(1) of the Act on the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommendation]. The instant crime is without signal apparatus while the Defendant operated a taxi.

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