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(영문) 인천지방법원 2016.10.12 2016고단4824
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of CM5 private taxis.

On July 1, 2016, the Defendant driven the above taxi at a speed of about 50 km from the sand village distance in front of D in the Nam-gu Incheon Metropolitan City to the distance of the west-gu sand market at a speed of about 50km in speed.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a motor vehicle shall slowly drive the motor vehicle, and there was a duty of care to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front part of the FST5 private taxi driven by the victim E (the 57-year-old) pursuant to the left-hand turn due to the negligence in violation of the signal as is, and thereby, received the front part of the cab in front of the above cab.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as catum cat, etc. which requires approximately 3 weeks of treatment, and injury to the victim G (the 26th age), who is the passenger of the said FF taxi, about 12 weeks of treatment, such as T9 and T10 of the body, and T10 of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report and the accident site photograph;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accidents in category I (1-8) [Special Mitigation] [including efforts to recover from traffic accidents] in the area of mitigation (1-1-8 months] of punishment (including serious efforts to recover from damage] - there is no record of imprisonment without prison labor or heavier punishment for favorable circumstances: the fact that there is no record of being sentenced to imprisonment without prison labor or more; the fact that there is joining a mutual aid association; the fact that all victims are subscribed to the mutual aid association; disadvantageous circumstances: two times before and the defendant has violated the signal.

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