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(영문) 인천지방법원 2014.11.20 2014고단4361
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for rocketing business.

At around 10:50 on May 18, 2014, the Defendant driven the above taxi, and proceeded in the direction of training the home fluor in front of the home fluor in Yeonsu-gu Incheon, Yeonsu-gu.

Since there is a signal apparatus, a person engaged in driving service has a duty of care to reduce speed and safely proceed in accordance with the new code.

Nevertheless, the defendant neglected this and turn to the left at a low speed on the red signal.

Defendant

From the left side of the vehicle, the part on the upper right side of the victim E(70 years old) driver's frab in the Frab in the driver's e (70 years old) drive was shocked by the front side of the defendant's vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim, such as the left-hand shoulder, a part-fashion, etc. requiring a treatment for about four weeks, and the injury to the victim G (57 years of age, women) of the damaged vehicle, which requires a medical treatment for about six weeks, such as the left-hand fashion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the occurrence of G traffic accidents;

1. The actual condition survey report and photographs;

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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with a more serious criminal situation);

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. General traffic accidents, [1] Injury by motor vehicle accidents;

(b) A special breeder: No person;

(c)general person: Article 3. of the Aggravation and Other Specific School Regulations.

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