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(영문) 인천지방법원 2018.05.02 2017고단8805
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On October 16, 2017, around 12:38, the Defendant driven a rocketing taxi from 430 m. to 430 m., Nam-gu, Incheon, Nam-gu, Incheon, and proceeded to the distance from the edge of the Central Park, depending on three-lanes among three-lanes.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the right and the right of the signal.

Nevertheless, the Defendant neglected this and proceeded from the south of Incheon to the Republic of Korea in accordance with the occupational negligence of the progress of the vehicle stop to the Republic of Korea under the same subparagraph.

D The front part of the E Lastyna taxi driven by the Defendant was placed adjacent to the left part of the said taxi being driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim F (F) who was on the cab that the Defendant driven by the above occupational negligence, such as approximately 12 weeks of medical treatment, such as light water, and other damage of identifying detailed conditions.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Each photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (victim D telephone communications);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the violation of the law, the fact that the taxi operated by the defendant is admitted to the mutual aid association, the fact that the defendant was smoothly agreed with the victim);

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