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(영문) 인천지방법원 2014.02.13 2013고단3708

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight 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 a car B.

On May 28, 2013, the Defendant driven the above car at around 18:10, and came from the construction site of the Danan Pyeong apartment located in Bupyeong-gu Incheon, Bupyeong-gu, Bupyeong-gu, Incheon, to enter the front side by an insular speed.

A person engaged in driving service has a duty of care to ensure safety by accurately operating, steering, and brakes.

Nevertheless, the Defendant discovered the victim C (n, 40 years of age) who walked on the left side of the front side of the Defendant, and caused the victim to go beyond the lusence of the said passenger vehicle by the negligence of operating the speed system instead of the lusium.

The Defendant, due to the above occupational negligence, inflicted an injury on the victim, such as cutting down the foundation of the upper half of the body to the right, which requires treatment for about ten weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and C;

1. An actual survey report and a report on the occurrence of a traffic accident;

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

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. Article 62 (1) of the Criminal Act (i.e., the first offender, the second offender, and the second offender);

1. Social service order under Article 62-2 of the Criminal Act;