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(영문) 인천지방법원 부천지원 2017.05.12 2017고단145

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-learning car.

On October 14, 2016, the Defendant proceeded with approximately 30 km each hour from the south far distance along the road of five-lanes in front of the Gyeonggi-do Do D on October 14, 2016 to the historical distance of Chuncheon.

Since a crosswalk and signal are installed, there was a duty of care to safely drive a person engaged in driving service according to the new code.

Nevertheless, due to the negligence of neglecting this and driving a signal, the victim E (52) was placed in front of the passenger car of the defendant, and the victim E (52) was placed in front of the passenger car.

Ultimately, the Defendant suffered injury to the victim E by occupational negligence, such as large-scale drinking water, which could not be known to the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Confirmation of damage situations to victims);

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A medical certificate;

1. Application of Acts and subordinate statutes to the site and vehicle photographs, and ethyl photographs of black stuffs;

1. The relevant legal provision on criminal facts, Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor / [the scope of recommendation] the special aggravation area (8 to 3 years), where an injury occurs among the types of traffic accidents (in the event of a special aggravation) [(1)] (excluding subparagraph 8) of Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, or where an injury occurs, or where the illegality is serious or is serious (in the case of a judgment of sentence] for the vehicle of this case (excluding subparagraph 1), the degree of negligence is serious that the defendant caused the accident of this case in violation of the signal, the victim was at the speed of the defendant's vehicle at the time of the accident in this case, and the victim was punished by the defendant.