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(영문) 인천지방법원 2014.04.24 2014고단549

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cren car.

At around 04:40 on December 12, 2013, the Defendant driven the above vehicle and proceeded three lanes in front of the “one club” in Gyeyang-gu Incheon Metropolitan City, Incheon Metropolitan City’s operation 286-2 from the “Slow-gu” side to about 50 km in Si/Gun/Gu according to three lanes from the “SeungIC” side of the “SeungIC” side, the Defendant suffered from the victim D (59 years of age) who entered the intersection of the front red frack to the right-hand side of the motor vehicle operated by the victim D(59 years of age) who was driving under normal fracks from the left-hand side of the motor vehicle to the upper right-hand side of the motor vehicle to receive approximately 6 weeks of treatment, and suffered from the victim F, 72 years of age and G (77 years of age) and the injury of the victim, such as the victim’s fratium and the injury of the victim, respectively, and the victim’s h.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the I, J, K, and L;

1. A witness statement of M;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a report on investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with the most serious crime)

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: Traffic crime, general traffic accident, and first category;

(b) In cases of general persons: Aggravation (where a serious injury, other than a serious injury, has occurred, or where a serious injury falls under the proviso to Article 3 (2) of the Special School Regulations), mitigation factors (no motor vehicle comprehensive insurance policy or criminal punishment has occurred);

(c)Recommend recommendations;