(영문) 인천지방법원 2016.07.29 2016고단2778

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.07.29 2016고단2778

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On March 26, 2016, the Defendant, at around 00:13, had a two-lane road in front of the autopsy station in Seo-gu Incheon, Seo-gu, Incheon, to the two-lane surface of the Cheongdeungdo to the two-lane surface of the autopsy.

Since there are no signal apparatus installed a crosswalk, there was a duty of care to safely drive the crosswalk after checking whether a person engaged in driving the motor vehicle has a duty of care to reduce the speed of the person engaged in driving the motor vehicle, to see the right and right of the front and right of the road.

Nevertheless, the Defendant, while neglecting the duty of her own view, caused the Defendant to suffer injury to the victim, by neglecting the victim’s D (at the age of 18) to the right-hand side by neglecting the duty of her own view, resulting in an injury to the victim, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] general traffic accident [the grounds for sentencing under Article 62(1) of the Criminal Act / [the scope of recommendation] the mitigated area (one month to eight months] [the person with special mitigation] / [including efforts to recover from damage] the unlimited amount of punishment [the sentence] - there is no record of imprisonment without prison labor or heavier punishment; the fact that there is no record of joining the mutual aid association; the fact that the person is affiliated with the mutual aid association; the fact that the victim has agreed with the victim; the fact that the defendant was committed by negligence; the fact that the degree of shock and degree of damage

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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