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(영문) 인천지방법원 2014.07.10 2014고단3098
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 a small-type taxi B.

On February 14, 2014, at around 04:45, the Defendant turned the front street of 336-1 modern motor vehicle in front of the 336-1 modern motor vehicle into the speed of about 20-30 kilometers per hour in the direction of the history distance of the Gu citizen center in the direction of the city citizen center.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and led to the failure of the Defendant to stop the road to the left-hand side of the victim C (the age of 59) who crosses the road without permission from the right-hand side of the proceeding direction, and shocked into the front-hander and Bos of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim C to suffer a serious injury due to the above occupational negligence by leaving the victim C be placed in a mixed status due to the infertility damage.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the initial operation at the traffic accident site, the actual condition survey report, and the accident-related photograph;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written opinion and written reply for medical treatment;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic crime, 01. General traffic accident, [1] Injury by traffic accident;

(b) Special persons with limited liability: Reduction factors (liability, non-existence of punishment, and serious injury of the other party);

(c) General convicts: Reduction elements (no motor vehicle comprehensive insurance policy or criminal punishment power);

(d) Scope of recommendations: Reduction area, four months to ten months; and

3. Determination of sentence: Six months of imprisonment without prison labor, one year of suspended sentence (limited under a reasonable circumstances) and one year of suspended sentence; the crossing of the victim without permission and the comprehensive motor vehicle insurance in a four-lane way on the new wall that the victim has left;

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