(영문) 인천지방법원 2016.04.18 2016고단541

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(영문) 인천지방법원 2016.04.18 2016고단541

교통사고처리특례법위반

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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 engaging in driving a rocketing taxi.

around 00:55 on December 13, 2015, the Defendant driven the upper taxi and proceeded ahead of the mountain distance of 259, Seo-gu, Incheon, Bupyeong-gu, Seoul, to a mountainous village shooting range from the mountain basin to the mountainous village shooting range.

Since there is a traffic signal apparatus installed, there was a duty of care for a person engaged in driving duty to drive safely according to the new code.

Nevertheless, the Defendant neglected this and got off the victim C (18C) who was driving on the right-hand turn from the opposite direction due to the negligence that led immediately after the change of the vehicle driving signal to yellow signal, and was led to the front part of the Defendant’s vehicle.

Defendant 1 suffered injury to the victim, such as mination of pulvers to the right-side executives in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. The actual survey report and related photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] of the Criminal Act: there is no person [the person subject to special sentencing] in the basic area (for April to October) of the type of general traffic accident [the person subject to special sentencing] [the decision of sentence] [the person subject to imprisonment without prison labor or heavier punishment] - The fact that there is no record of being sentenced to imprisonment without prison labor or heavier punishment, the fact that there is no record of being admitted to the Financial Cooperative, the fact that the person is admitted to the Financial Cooperative, the fact that the person has deposited five million won

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