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(영문) 인천지방법원 2020.09.10 2020고단1749

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a two-wheeled motor vehicle B.

On November 27, 2019, the Defendant driven the above two-wheeled vehicle on November 27, 2019, and driven the road of five lanes near Michuhol-gu Incheon Metropolitan City C at approximately 36 km in the Si speed according to four lanes of new engineer distance.

At the time, the distance is short at night, and there is a crosswalk where a signal, etc. is installed, so there was a duty of care to check whether a person engaged in driving service is a person to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely in accordance with the new code.

Nevertheless, by neglecting this, the Defendant neglected to stop the signal while driving without looking well at the front side while neglecting it, and found the victim's D(51 years of age) to the right side on the left side by using the crosswalk in accordance with pedestrian signals, and turned down hand to the left side in order to avoid this, and caused the victim's bridge to go over the front side of the above two-wheeled vehicle with the front side of the above two-wheeled vehicle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the police of the defendant E in the court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a photograph, a fact-finding survey report, on-siteCCTV image data, a diagnostic report on the reporter vehicle booms, and a doctor’s opinion;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The sentencing criteria shall be set.