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(영문) 인천지방법원 부천지원 2019.10.17 2019고단2286

교통사고처리특례법위반(치상)

Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed 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 BM3 car.

On May 18, 2019, around 21:25, the Defendant was driving the front road of Seocheon-si C from Shicheon-si to Seocheon-si.

Since there is no signal signal, a person engaged in driving motor vehicles has a duty of care to prevent traffic accidents by accurately manipulating the brakes and steering gear in a way that well sees the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected to perform the above duty of care and caused the shock of the victim D (year 74) crossing the front left-hand part of the said car by negligence, which led to the shock of the victim D (year 74) who was in front of the left-hand part of the said car.

As a result, the defendant suffered from the negligence of the above business to the injured party about six weeks of treatment, such as the flasing of the upper part of the body to the right.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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

1. The scope of recommendation [decision of types] on the sentencing criteria and the scope of general traffic accidents shall be limited to the area where the first type (decision of the recommended area] is mitigated (decision of the causing of traffic accidents), the area where the punishment is not mitigated (decision of the recommended area) shall be not more than eight months;

2. Determination of sentence: The arguments in this case, such as the imprisonment without prison labor for six months, the contents and degree of injury of the negligence in two years suspended execution, the existence of the same record (the two times of personal accidents, all of which are subject to a disposition not to institute a prosecution), the confession of a crime, the fact that the mistake is divided, the fact that the victim has agreed with, and other circumstances that the defendant's age, character and conduct, the environment, the background of the crime, and the circumstances after the crime, etc.