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(영문) 인천지방법원 2019.03.27 2018고단8807
교통사고처리특례법위반(치상)
Text

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

However, 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 engaged in driving a rocketing taxi vehicle.

At around 02:00 on October 6, 2018, the Defendant driven the above taxi and continued the front road of the “D company” located in Michuhol-gu Incheon Metropolitan City, Michuhol-gu, with the view to the distance of the transport distance from the back of the school.

At the time of night, the lower surface was cut off, and the Defendant’s vehicle was proceeding on the front side of the running direction, so in such a case, there was a duty of care to safely drive the vehicle to prevent accidents by safely driving the vehicle, such as making the front door and the left door and the right door well, and accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected this and got the victim H (Nam, 28 years old) who was on board the back part of the G IM-tension-type engine (waste removal vehicle) of the FF driver G in front of the direction of the course of the Defendant's movement by negligence, and suffered serious injury, such as a proposal for about 12 weeks medical treatment, and other part of the F operator G in front of the direction of the Defendant's movement, as the vehicle of the Defendant's driver, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report and diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Aggravation of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the range of recommendation [the category 1] traffic accidents: the weight of traffic accidents (the special sentencing person] caused by serious injury: where serious injury occurs (the scope of recommendation and recommendation] increased area, and August through 2 years without prison labor;

2. A victim suffers serious injury, such as falling, etc., by an accident in this case where the sentence is determined;

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