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(영문) 인천지방법원 2016.03.16 2015고단8226
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of CSM 5 taxis.

On October 30, 2015, the Defendant driven the above taxi on October 11:10, 2015, and driven the road of four-lanes in front of the shooting distance in the south-gu Incheon Metropolitan City, Nam-gu, Seodong at the direction of the city from the opposite intersection to three-lanes.

Since there is a cross-section where signal lights are installed, there was a duty of care to proceed according to the signals.

Nevertheless, the defendant neglected this and went to the left in accordance with the new subparagraph from the chill apartment distance to the chill park by negligence in violation of the signal.

D In order to avoid collision with vehicles, victims E (63) who were waiting for pedestrian signal at the place, and victims F (78 tax) who were waiting for scooterss, respectively, were placed in front of the said taxi, with the direction toward the right side, in order to avoid collision with vehicles.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the above E, such as a stable emitting a stability that requires approximately 12 weeks of medical treatment, and the injury to the said F, such as salt, tension, etc. of the drilling that requires approximately 2 weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A written statement;

1. A survey report on actual condition, scene of accident, vehicle photographs, and photographic images of the accident against the victim;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (one month to six months), [the person with special mitigation] who is not subject to punishment (including efforts to recover from damage] (the decision of sentence] - favorable circumstances: credit cooperatives.

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