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(영문) 인천지방법원 2015.07.09 2015고단2463
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving of a taxi for business use B.

On March 11, 2015, the Defendant driven the above taxi on March 11, 2015, and continued the crosswalk in front of the Incheon Terminal Dong-ro 35, Nam-gu, Incheon, Nam-gu, Incheon, at a speed of 30km per hour from the side of the terminal station to the speed of 30km.

At this point, a person engaged in driving service with a crosswalk with a signal apparatus has a duty of care to safely drive the vehicle in accordance with the new code and prevent the accident in advance, but the defendant neglected to do so and neglected to do so, and even though the electric-way vehicle signal was changed to a stop signal, the defendant by negligence, in violation of the signal, led the victim C (n, 66 years old) who saw the path along the crosswalk from the right side of the defendant's proceeding to the left side according to the walking signal of the pedestrian signal apparatus of the motor-road crossing, thereby suffering from the victim's injury, such as the right gate, which requires approximately 12 weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 26 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the violation of criminal conduct, the absence of records of criminal punishment exceeding fines, the joining a mutual aid association and reaching an agreement with victims);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the decision of types] for general traffic accidents (the person causing a traffic accident) - The elements for mitigation (including efforts to recover damage) - Where illegality in the proviso of Article 3(2) of the Act on the Special Cases concerning the Aggravations of Aggravations is serious [the decision of the recommended area] basic area [the scope of recommendation] 4 to 10 months [the general person].

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