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(영문) 인천지방법원 2014.08.28 2014고단3279

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving of E-si.

On February 9, 2014, the Defendant driven the above vehicle at around 00:48, and driven the above vehicle at a speed of about 60 Km/h in the direction of the 653-lane from the shooting distance in the East-gu Incheon Metropolitan City.

Since it is at night at the time, the driver of the motor vehicle has a duty of care to prevent accidents by checking well the front side of the motor vehicle.

Nevertheless, the defendant's negligence caused the victim F (year 52) who is crossing the road without permission due to negligence while driving the road without permission, to the fronter and front glass part of the above taxi.

Ultimately, the Defendant suffered from a serious injury to the victim, such as an unclaimed charge, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A and G;

1. A survey report on the actual condition of a traffic accident, such as on-site map, field photograph, etc.;

1. Application of Acts and subordinate statutes to medical certificates and opinions on serious injury;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic crime, 01. General traffic accident, [1] Injury by traffic accident;

(b) Special persons: Reduction factors (if the injured party has a substantial negligence on the occurrence of a traffic accident or the expansion of damage), or aggravation factors (serious injury).

(c) General life-sustaining persons: Reduction factors (Purchase of the motor vehicle comprehensive insurance);

(d) Scope of recommendations: Basic territory, April to October; and

3. Determination of sentence: The credit cooperative's eight months [limited circumstances] of subscription to a comprehensive motor vehicle insurance [limited circumstances], the victim and three persons, including the victim of this case, were crossing the victim without permission, but at the time, they were crossing the victim.