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(영문) 인천지방법원 2016.04.07 2016고단228
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On December 19, 2015, around 01:20, the Defendant driven the front road of 319 Jinju apartment 5 complex, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, 319, and led the Defendant to proceed at an unfunch speed in the direction of the apartment in the new string distance.

It is a road where a signal apparatus and crosswalk are installed, so in such cases, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and by properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded without reducing speed despite a yellow on-and-off signal, and caused the Defendant to shock the victim C, female, and age 42 of the citizenship of the Republic of Korea of the Republic of Korea in the direction of Jinju apartment at the Jinju apartment construction site in the Jinju apartment site.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as mination of 16 weeks old executives who need approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. On-site photographs;

1. Application of traffic accident screening records and video-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, 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. For the reason of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the road, the Defendant, as a taxi driver, is a taxi driver, who has a no warning to safely drive a taxi in compliance with the traffic laws and regulations, and a yellow on-and-off signal has been occupied, etc., leading to the occurrence of the instant crime, causing serious damage to the victim, etc.

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