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(영문) 인천지방법원 2020.06.10 2019고단8058
교통사고처리특례법위반(치상)
Text

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

However, 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 engaged in rocketing taxi driving service.

On October 4, 2019, at around 23:44, the Defendant driven the shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot spons

At all times, the pedestrian signal and the vehicle auxiliary signal are installed along with the pedestrian signal, so in such a case, the driver of the vehicle had a duty of care to prevent accidents in advance by temporarily stopping in front of the crosswalk, and by safely driving in accordance with the new code, if there is any person to drive the vehicle.

Nevertheless, the Defendant neglected to stop in front of the crosswalk while the vehicle auxiliary signal is a red light, and the pedestrian signal, etc. is green light, but did not temporarily stop in front of the crosswalk and did not stop in front of the crosswalk, and the Defendant got out of the crosswalk C to the right side from the left side of the running direction of the Defendant taxi.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as above, such as the right-hand bed, which requires approximately 12 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 a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence;

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