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(영문) 인천지방법원 부천지원 2016.09.22 2016고단1747

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 7, 2016, the Defendant driven a car from B B B Pod-ro, which led to the U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-A.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-V.

At the time, there is a place where the central line has been installed, and there was a duty of care to not exceed the person engaged in driving service.

Nevertheless, the Defendant did not live well in the vicinity and hereded with the center line and got off the body part of the victim E (V, 53 years old) who was crossing the road in the opposite part of the Madern Line without permission, and received the front part of the said car.

Defendant 1 suffered injury to the victim, such as a felbal flasium, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A E statement (List 6);

1. A survey report (List 1), and a diagnosis report (List 7);

1. Application of photograph (List 3) Acts and subordinate statutes;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, all of the sentencing factors in the instant case, including the Defendant’s age, sex behavior, living environment, and circumstances after the crime, shall be considered together, and the sentence shall be determined as ordered by the order, taking into account the following factors: (a) the circumstances favorable to the Defendant’s reasons for sentencing under Article 62(1) of the Criminal Act (the confessions, no longer than a suspended sentence, and the victim has committed considerable negligence in the occurrence of traffic accidents; (b) the comprehensive motor vehicle insurance contract, the victim’s subscription to the vehicle insurance, and the victim’s consent to eight million won with the agreement on the occurrence of traffic accidents;