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(영문) 인천지방법원 부천지원 2014.01.29 2013고정2213

교통사고처리특례법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced vehicle B.

On September 6, 2013, the Defendant driven the above vehicle on September 21:10, 2013, and let the 146-13 New Franz hotel turn to the right from the northwest side of the Seocheon-gu Seoul Special Metropolitan City.

Since a signal, etc. is installed, there was a duty of care to reduce speed to a person engaged in driving duties and to safely proceed in accordance with the signals by well examining the right and the right of the driver.

Nevertheless, the Defendant neglected this and took the back of the driver’s seat of the victim C(52 years old) driving car, which was moving back to the opposite part by negligence in violation of the signal, and received the back of the driver’s seat of the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence for about 10 days in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the injured is responsible for the occurrence of accidents, the fact that the injured does not want the punishment of the accused, and the fact that the injured is the primary offender);