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(영문) 인천지방법원 2019.09.26 2019고단4887

교통사고처리특례법위반(치상)

Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of W125 Orala.

At around 19:40 on June 19, 2019, the Defendant continued to proceed from C to C the intersection of the thousand square distance of 557,00 square meters in Bupyeong-gu, Incheon, Bupyeong-gu.

Since there is an intersection where a signal is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to observe the signal and to prevent an accident by operating a motor vehicle safely by safely examining the surrounding area.

Nevertheless, the Defendant neglected this and caused injury to the victim, i.e., the part of the left-hand side of ESX-S100A, which is driven by the victim D(37 years of age) in accordance with the straight-distance signal from the right-hand side of the wall gate to the IC, due to the negligence of the Defendant in violation of the signal, resulting in approximately 10 weeks of medical treatment of the Defendant, such as sub-fluor, cutting down and cutting down down down down down down the down water fluor, which is in need of medical treatment for about 10 weeks.

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 and a report on a traffic accident;

1. On-site photographs of the harming vehicles, and on-site photographs of damaged vehicles;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 on orders to provide community service and attend lectures;

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. The Defendant did not receive any suspicion from the victim even though the degree of injury suffered by the victim was serious due to the instant crime.

Defendant

The driver's license insurance is limited to only the liability insurance.