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(영문) 인천지방법원 2013.04.12 2013고정699
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a taxi for business use B.

On November 11, 2012, at around 03:04, the Defendant driving the above taxi and proceeding the crosswalk 139-1, in front of the 2nd box of the Incheon Busan Seo-dong, Bupyeong-gu, Incheon, about 30km in speed, from the 139-1 side of the Incheon Seo-gu, to the sprinking distance. As at the time, rain, sprink, and a crosswalk are installed on the front line, the Defendant had a duty of care to check and safely drive the crosswalk by reducing speed and checking well the right and the right and the right and the right and the right of the taxi.

Nevertheless, as it was negligent in neglecting this, four persons, such as the victim C (the aged 43) who fastens the crosswalk to the right side in the right side of the defendant's running direction, D(8) who fastens the crosswalk in the same direction, E (the age 11), and F (the age 11) who fastens the crosswalk in the same direction, were assigned to the front part of the defendant's taxi.

Ultimately, the Defendant suffered injury to the said C by negligence in the course of performing the above duties, and at the same time suffered injury to the said D, such as the peluminitis, which requires approximately two weeks of treatment, injury to the peluminitis, etc. requiring approximately two weeks of treatment to the said E, and injury to the pelumin salt, etc. requiring approximately two weeks of treatment to the said F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the traffic accident actual condition investigation report and each medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that a beneficiary is a recipient of basic living benefits for sentencing under Article 334(1) of the Criminal Procedure Act and a relatively old one;

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