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(영문) 인천지방법원 2015.01.14 2014고단8792
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in B rocketing taxi driving.

On July 3, 2014, the Defendant driven the above taxi on July 12:45, 2014, and directed the tin high-speed road in the Twit-dong, Nam-gu, Incheon, Nam-gu, at a speed of about 60 to 70km each hour, depending on the two-lane road from the west-gu, Nam-gu, Incheon.

The location was frightened, and at the time, the surface was slick and it was difficult to secure the view at the front.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents due to the failure of smoke, such as reducing speed sufficiently and properly operating the steering direction and brake system by properly examining the front and rear left, etc.

Nevertheless, the Defendant did not fully reduce speed, and did not see the victim C (n, 78 years of age) who illegally crosss the right from the left side of the Defendant on the front side of the mast, and did not see the victim C (n, 78 years of age) and shocked the victim's right part of the taxi right part.

The Defendant, by such occupational negligence, caused the risk of life by causing injuries to the victim, including four or more cages that require approximately six months of medical treatment, or cages of cages, such as dages, closures, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Where the victim suffers an accident and reports an investigation (on-site verification) to cross the road without permission by video;

1. Application of Acts and subordinate statutes to medical certificates and results of replies to serious injuries;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the case where the occurrence of a traffic accident or the expansion of damage to a victim of the basic area (special mitigation) (special mitigation) (4 to 10 months) (special mitigation) of the category 1 of general traffic accident within the scope of recommendation, causes serious injury to the victim. / In the case of serious injury. 2.

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