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(영문) 인천지방법원 2014.05.29 2014고단1324
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Csi.

Around 04:50 on October 19, 2013, the Defendant driven the above taxi and proceeded at the speed of 99.54km/h from the 408-16 Hacheon-gu sublim on the 408-16 Hacheon-gu Pacheon-gu.

Since there is a road with a restricted speed of 60km/h or less, a person engaged in driving of a motor vehicle has a duty of care to keep the restricted speed and prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim D (the age of 37) who was standing on the crosswalk due to the negligence of operating the crosswalk at an excessive speed in violation of the restriction speed, and was forced to stop, but received the said victim.

As a result, the Defendant suffered from the above victim’s occupational negligence the injury, such as credit flapsing on the left side of about 12 weeks in need of treatment, non-flapsing down flapsing down on the ductal dunes, etc., the injury to the victim E (the 17 years old and female) boarding the Defendant’s taxi in need of treatment for about 2 weeks, such as chills, tensions, tensions, etc., in need of treatment for about 2 weeks to the victim FF (the 17 years old and female) aboard the same taxi, and the injury to the victim G (the 17 years old and female) in need of treatment for about 2 weeks in the same taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer in relation to E, F and G;

1. On-site reports on initial action against traffic accidents, reports on actual condition surveys, site photographs, and notification of the results of traffic accident analysis;

1. Application of Acts and subordinate statutes to each medical certificate, request for cooperation in investigation (issuance of a medical certificate and request for cooperation in investigation), investigation report (victims' report on confirmation of their health status as at present);

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

1. Commercial concurrence;

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