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(영문) 인천지방법원 2017.07.19 2017고단2472
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On October 13, 2016, at around 04:15, the Defendant proceeded at about 82 km in speed, depending on two lanes from the distance from the west to the west of the D convenience point in Bupyeong-gu Incheon Metropolitan City.

Since this place is a road with a speed of 60 km per hour, a driver has a duty of care to safely drive a person engaged in driving service by complying with the vehicle line and the speed limit and thoroughly driving the vehicle at the front time.

Nevertheless, the Defendant neglected this and caused the victim E (the 76-year age) who crossed the road due to negligence when he neglected to do so at a speed exceeding 22 km per hour and neglected to do so.

Ultimately, the Defendant suffered injury to the victim, such as dives of dives, which require approximately 16 weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The grounds for sentencing under Article 3(1) and proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Sentence 3, Article 3(1)3 of the Criminal Act, and Article 268 of the Criminal Act are the first offender with no criminal history. The victim's mistake who illegally crosses the road of the third line (Seoul 6 tea) without permission appears to have caused the instant traffic accident or serious consequences. Although there are no circumstances to consider the defendant, such as late or late, it is difficult for the defendant to take into account, the defendant, as a taxi driver, should observe the traffic-related Acts and subordinate statutes and subordinate statutes and drive safely. However, the defendant, as a taxi driver, is obliged to drive a motor vehicle more than anything else while driving a motor vehicle at a speed exceeding the limit on the new wall time without neglecting his/her duty at all times, and is obliged to cause the victim to suffer the injury by shocking the victim.

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