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(영문) 인천지방법원 2012.12.27 2012고단11034
교통사고처리특례법위반
Text

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

except that 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 engaging in driving a rocketing taxi.

On October 12, 2012, around 01:28, the Defendant driven the above taxi, and turned to the left about 20 Km per hour from the direction of the new article distance to the name signal station located in the 1423-34, Nam-gu, Incheon Metropolitan City.

Since there is an intersection where traffic is controlled by signal apparatus, the driver of the vehicle has a duty of care to prevent the accident by safely driving the vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front portion of the victim C(17 years of age) 110cc U.S., without a license plate for driving of the victim C(17 years of age) who was left right from the right edge of the vehicle, due to the negligence of left-hand turn while the vehicle driving signal is green straight, and then received the front portion of the vehicle from the right edge.

As a result, the Defendant suffered injury to the victim C, such as the sofabs, which requires treatment for about six weeks, due to such occupational negligence, and at the same time suffered injury to the victim D (the 17 years old), who is the passenger of the above taxi, for about two weeks in need of medical treatment, such as fabsium, etc., and suffered injury to the victim E (the 36 years old), who is the passenger of the above taxi, for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements at each police station of E and D;

1. A traffic accident report;

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. Commercial concurrence: Articles 40 and 50 of the Criminal Act. Article 40 (Punishment on Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C who Has the largest penalty);

1. Selection of penalty: Selection of imprisonment without prison labor;

1. Suspension of execution: A person who has been sentenced to imprisonment without prison labor or heavier punishment under Article 62 (1) of the Criminal Act;

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