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(영문) 인천지방법원 2016.08.25 2016고단768
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On November 21, 2015, around 06:25, the Defendant had the front road of the Women's Center 539, in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, proceeded from the new reproduction distance room to the side of the Bupyeong-gu Police Station.

Since the speed of restriction is 60 km per hour, the defendant engaged in driving of the motor vehicle has a duty of care to observe the speed of restriction and to prevent the accident by emphasizing the right and the right and the right.

Nevertheless, the Defendant neglected this and found the victim C (80 k) crossing the road to the right side from the left side of the course due to the negligence of the speed of about 80.8 km in speed exceeding the speed limit, and found it late, and shocked the victim by the vehicle driving by the Defendant.

As a result, the Defendant suffered injury, such as cutting the body to the right to the right in need of approximately 10 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black stuffs, black stuffs and video CDs

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 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 (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is not only the same criminal history once, but also the defendant, as a taxi driver, has to observe the traffic-related Acts and subordinate statutes at a level exceeding 20 km or more, but also has to drive a taxi at a speed exceeding 20 km and to cause severe injury to the victim. However, the crime of this case is not good, but it does not interfere with the recovery of the victim's damage because the damaged vehicle is insured by the Financial Cooperative.

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