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(영문) 인천지방법원 2015.09.16 2015고단4231

교통사고처리특례법위반

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

However, 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 who is engaged in driving of Poter Cargo Vehicles B.

On May 9, 2015, the Defendant driven the above vehicle at around 20:26, and led to the flow of the lower distance of the post office distance from the Geumcheon River to the lower distance of the post office.

Since there is a signal signal, the defendant engaged in driving of the motor vehicle has a duty of care to pass through the intersection by observing the signal.

Nevertheless, the defendant neglected to do so and received DNA U.S., which the victim C(20 years of age) driven by the left turn to the left from the mathal due to the negligence of the violation of the signal, from the front of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on community service and lecture attendance order: The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Protection of Traffic Accidents (the act of causing traffic accidents) No basic area (the act of April to October) (the act of causing traffic accidents) (the decision of sentence] - There is no record of punishment for imprisonment without prison labor or more favorable circumstances: there is no record of being punished by imprisonment without prison labor or more; a comprehensive insurance