logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.06 2015고단6995
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On August 17, 2015, the Defendant driven the above taxi on August 21:47, 2015, and proceeded with the road of about 58 km from the high-speed intersection of the forest, which is located in the 717-ro, Dong-gu, Incheon Metropolitan City, to the 104-lane of the Songdo 104-dong, in the speed of 58 km.

At night, there are crosswalks where signal lights are installed at the front door, so the driver of the motor vehicle has a duty of care to check whether there is a person who gets a way to reduce the speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, even though the Defendant neglected this and the signal was changed to the stop signal, the Defendant did not discover the victim E (the age of 14) who cross the crosswalk from the left side to the right side according to the pedestrian signals due to the negligence that continued to proceed at the same speed, and did not discover the victim E (the age of 14) and had the Defendant go beyond the ground after receiving the victim's attention from the front part of the taxi driving.

Ultimately, the Defendant suffered injury to the victim, such as return of felbage, which requires approximately 10 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Efluoring a black fluor;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor (this shall be taken into account that the negligence of the defendant is considerably serious, that of the victim, and that of the damage caused by the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant does not have a previous offense except for those sentenced

arrow