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(영문) 인천지방법원 2013.03.14 2013고단448
교통사고처리특례법위반
Text

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

except that 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 who is engaged in driving of B-ro taxi.

On December 28, 2012, around 08:20 on December 28, 2012, the Defendant driven the above taxi and proceeded at the speed from the direction of the Gu Community Center to the port of the State, depending on the two-lanes in front of the three-lane real estate located in the 235-lane, Nam-gu, Incheon Metropolitan City.

At all times, since it is a private-distance intersection where signal lights are installed, there was a duty of care for a person engaged in driving service to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and got off the front part of the Dworket other car driven by the victim C(38 years of age) who is going to cross the intersection from the tin malan underground street to the malan airspace along the moving signal, due to the negligence of proceeding the red signal.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E (V, 25 years old), who is the passenger of the said taxi, the injury of the victim E (V, 15 years old), such as the franchising aggregate, etc. in need of approximately 3 weeks of treatment, the injury of the victim C, such as salt - light franchising, the flachising balance, the flachising balance, etc., and the injury of the victim F (V, 31 years old), who is the passenger of the said taxi, for about 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A report on the initial operation measures at the traffic accident site, a report on actual condition survey, and a photograph of black stuffs;

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

1. Article 3 (1), proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment of Punishment on Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E who Has the largest number of offenses and the largest number of offenses);

1. Selection of penalty: Selection of imprisonment without prison labor;

1. Suspension of execution: (a) there is no criminal record of the same kind under Article 62(1) of the Criminal Act; and (b) the victims are insured by the Financial Cooperative;

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