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(영문) 인천지방법원 2014.02.06 2013고단4916
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving of Ck5 taxi.

On April 14, 2013, the Defendant driving the above taxi on April 04:45, and driving the two lanes of the third line of the second line of the second line apartment of the Nam-gu Incheon Nam-dong 488, Nam-gu, Nam-gu, Incheon, with the view to the shooting distance of the Southern Police Station from the academic distance room to the view of 78km each hour.

The location was at the speed of 60 km per hour and the road level was smiled at the speed of 60 km, so a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of 20% to prevent the accident by driving at a speed of 48 km or less per hour, while driving the motor vehicle at a speed of 20 km or less per hour.

Nevertheless, the Defendant neglected this and proceeded at a limited speed exceeding 30 km every hour, and received the victim D (age 67) driving ahead of the bicycle left side of the Defendant’s bicycle driving.

As a result, the Defendant suffered injury to the victim D, due to such occupational negligence, such as a ductal flasing of a ductal brush, accompanied by a closed ductos (all parts) in need of treatment for about three months, and suffered injury to the victim E (the 29 age), who is the passenger of the said taxi, accompanied by a ductal brus requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. The actual condition survey report and each photograph;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment as a violation of the Act on Special Cases concerning the Punishment of Victims D with Severe Crimes and Selection of Imprisonment without prison labor);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction sentenced to a heavier punishment than a fine, the fact that he/she has joined the mutual aid association and deposited part of the amount of damage, and reflects it);

1. Social service order under Article 62-2 of the Criminal Act;

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