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(영문) 인천지방법원 2016.05.25 2016고단651
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 driving of a taxi for rocketing other business purposes.

On January 18, 2016, the Defendant driving the above taxi around 00:00, and driving the Do road in front of the Nam-gu Incheon Metropolitan City along the direction of the art center at about 89km from the shooting distance of the art center to the distance of the passenger.

At this point, signal lights are installed, and the speed limit is 60 km a speed, so the person engaged in driving service has a duty of care to observe the speed limit and drive safely according to the signals.

Nevertheless, without neglecting this, the speed of the victim E (36) who crosses the crosswalk on the right side from the left side of the taxi driving direction while neglecting the fact that the speed of the vehicle exceeds 29 km per hour and the vehicle driving signal is changed to the stop signal. However, the body of the victim E (36 ) who crosses the crosswalk on the right side of the above taxi driving direction was shocked into the front side of the above taxi.

Ultimately, the Defendant suffered, due to the above occupational negligence, the injury to the victim E, i.e., light light - ground ground groundrization of non-standing executives opened, etc., and the victim F (V, 36 years old), who is the passenger of the above taxi, for approximately two weeks of medical treatment, and the injury to the pipe f, etc. of the non-regular part.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Blue images of black stuffs;

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

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] of the Act on the Punishment of Traffic Accidents [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] (one to six months), the mitigation area (one to one who is specially mitigated), the punishment is not imposed (including efforts to recover from damage] [the decision of sentence] - favorable circumstances: The occurrence of the traffic accident in this case conflicts with the victim E’s negligence.

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