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(영문) 인천지방법원 2016.06.16 2016고단1912
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

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

On September 1, 2015, the Defendant driven the above taxi on September 16:45, 2015, and led to the two-lane of the two-lane of the middle school in Seocho-gu Incheon Metropolitan City from the 2nd west-dong, Chang-dong to the 10km of Si speed according to the 10km of Si speed from the 2nd west-dong.

Since there is a cross-section where signal lights are installed, in such cases, a person engaged in driving service has a duty of care to make a safe internship in accordance with good faith.

Nevertheless, the Defendant neglected this and got the front part of the DNA motor device bicycle driving in front of the Defendant taxi, which was driven by the victim C(50 ) who entered the intersection of blue new, in one lane at the time, at the time.

As a result, the Defendant suffered approximately 12 weeks of medical treatment due to the above occupational negligence, resulting in the injury to the victim, such as the closure of the part 1 L1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement on damage situations of C;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. In light of the circumstances leading up to the instant crime, the degree of damage suffered by the victim, etc. while the Defendant, as a taxi driver for sentencing reasons under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education, was operating a yellow signal in the vicinity of the intersection, who is obliged to comply with the traffic-related Acts and subordinate statutes, was in violation of the signal, thereby causing serious injury to the victim. However, the Defendant did not have the same nature in light of the circumstances leading up to the instant crime and the degree of damage by the victim.

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