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(영문) 인천지방법원 2016.01.28 2015고단7808
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 engaged in K5 taxi driving services.

On November 3, 2015, at around 00:0, the Defendant, along with a one-lane road in front of the Namdong-gu Incheon Metropolitan City, had been making a U.S. internship at a speed below the speed of Si speed, while proceeding from the viewing basin to the lower-water slope.

Since the location is an intersection with traffic signal apparatus, and there were many vehicles driving on the opposite line, the defendant engaged in taxi driving service has a duty of care to prevent accidents by safely making the left-hand turn before and after the left-hand turn turn.

Nevertheless, the Defendant neglected this and took part in the part above the right edge of the taxi of the victim D(19 cc) driving in accordance with the straight-line care in the opposite line of the Madlesn central line by negligence in violation of the straight-line signals, and received the victim D(19 cc U.) 250cc U.S. from the opposite line.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the development of trees, the power lines of the development of the body, the damage of the surrounding land, etc. requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes (D);

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

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 grounds for sentencing] of the Act on the Punishment of Traffic Accidents [the grounds for sentencing] - Types 1 (the person causing a traffic accident) [the person causing a special sentencing] of the Act on the Punishment of Specific Traffic Accidents - [including efforts to recover damage] mitigation area / [the scope of recommended punishment] January / 6 / [the scope of recommendation] January / 1 / 6 / [the person causing a general sentencing] reflectd the subscription of the motor vehicle comprehensive insurance - Where serious injury, other than the aggravated one, has occurred (the type 1) where there has been serious injury, which is not an injury among the aggravated factors.

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