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(영문) 인천지방법원 부천지원 2019.05.14 2019고단278

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On October 29, 2018, the Defendant, around 07:10 on the Gyeonggi-si Kimpo-si, Kimpo-si, 926, no. 8-9, no. 88-9, no. 88-9, no. 3, no. 4, no. 5, no. 5, no. 1, no. 1, no.

The location has a duty of care to safely proceed with the signal to the person engaged in driving on the intersection section with signal lights.

Nevertheless, the defendant neglected this and shocked the front part of the bicycle driving of the victim E (85 years old) driving on the right side of the passenger signal, etc. from the left side of the running direction of the passenger truck of the defendant bed by the negligence of running the red signal, which led to the collision between the left side of the cargo vehicle of the defendant.

Ultimately, the Defendant suffered a serious injury, such as “understanding blood transfusion,” which requires approximately 12 weeks of medical treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes to the accident site photographs, video CDs, and diagnostic certificates;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommendations on the sentencing guidelines [the range of recommendations] shall be limited to the range of general traffic accidents (the range of recommendations] and the scope of mitigation area (one to eight months) (special mitigation area) where victims are at considerable negligence in the occurrence of traffic accidents or the expansion of damage, and where serious injury (including serious efforts to recover damage) occurs (the type one);

2. Determination of sentence: Determination of sentence of imprisonment without prison labor for six months, and the degree of injury of the victim for one year of suspended execution is disadvantageous to the defendant, or the defendant recognizes and reflects the crime of this case, and is the first offender.