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(영문) 인천지방법원 2016.12.21 2016고단6978
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing taxi.

On August 26, 2016, around 04:16, the Defendant proceeded from the 11.6km point of Incheon Gyeyang-gu to Incheon, the speed of approximately 150km from Seoul to the 3-lane.

At night, since the low speed rate of the surface is 80 km at the speed of speed, there was a duty of care to safely drive the steering gear and brake system by complying with the speed limit and accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and caused the limited speed exceeding 70 km per hour, and the above taxi sbroom sbroom sbroom sbroom so that the right protection wall was left front of the above taxi.

Ultimately, the Defendant suffered injury to the victim D (year 29) who was on board the instant taxi head due to the foregoing occupational negligence for about 4 weeks, such as a dynasium in need of medical treatment, and injury to the victim E (year 29) who was on board the back seat in need of medical treatment for about 14 weeks, and injury to the victim E (year 29) such as a dynasium in need of medical treatment for about 3 weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Each fact-finding report, photograph, and photograph;

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 concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] general traffic accidents in general, the area of mitigation (one to eight months) [Special Mitigation] (including serious efforts to recover damage) of the area of mitigation (one to one month) [including the case of special mitigation] of punishment (including a serious effort to recover damage] is favorable.

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