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(영문) 인천지방법원 2017.02.09 2016고단8067

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a small-scale car B.

On September 30, 2016, the Defendant driven the said car as around 19:30 on the duty, and led the Defendant to turn to the left at a speed unfolding speed, leading to the third-lane road of the 296 Credit Guarantee Fund History from the south of the Yellow Sea to the south of Incheon, Jung-gu.

Since a vehicle signal, etc. has been installed at the front door, there was a duty of care to reduce the speed and to make the front door well, and to prevent accidents in advance by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and caused the victim E (the 34 years old) who was accompanied by the victim E (the 34 years old) who took advantage of the vehicle’s clife at the above clife to the right side of the vehicle, with the front part of the front part of the clife driving by the victim C(44 years old) of the clife driving from the right side of the clife in the direction of the right side of the clife in which the vehicle’s clife is to be treated for three weeks, thereby causing the victim E (the clife), who took advantage of the clife in the above clife in need of four weeks of treatment, and caused the victim E (the f (the 28 years old) to suffer from the injury, such as cutting off the clife, which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Each relevant legal provision of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against any of the above crimes and any of the heavy crimes C);

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act (amended by the Presidential Decree No. 1060, Jan. 1, 2001) (hereinafter “The following sentence grounds”)