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(영문) 인천지방법원 2013.08.29 2013고단2772
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in K5 taxi driving services.

On March 19, 2013, the Defendant, around 09:13, driven the 582 mnives of Yeonsu-gu Incheon Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Incheon, on the right side of the new training station distance from the front side of the cause-based third-distance from the front side of the front side of the training station, driving the said taxi at a speed of about 80km per hour according to two lanes.

Since there are safety signs indicating the prohibition of direct exhaustion and left-hand turn on each two-lanes, the driver of the motor vehicle was engaged in driving the motor vehicle, and the driver was obliged to pay attention to prevent the accident by properly examining the front left-hand left-hand hand without being straight on the upper-way prohibition line.

Nevertheless, the defendant found the victim C (the age of 71) who was travelling a bicycle on the right side of the defendant's running side from the wind apartment apartment in the direction of his running side to the south Eastern Industrial Complex due to negligence, in violation of the direction of prohibition of direct navigation indicating safety signs on the above lane, and caused the victim to go beyond the road by receiving a part of the left side of the bicycle in front of the above taxi.

As a result, the Defendant caused injury to the victim by an occupational negligence during approximately 12 weeks of her hair in need of treatment, and caused injury to blood transfusions, etc. under the influence of her head, which does not have an open address, thereby making it impossible for the Defendant to move.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photograph of the accident site;

1. Application of Acts and subordinate statutes to medical certificates and investigation reports;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the victim's negligence appears to have contributed to the occurrence of an accident, that the vehicle involved in the mutual aid has subscribed to mutual aid and that the defendant has agreed with the victim

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