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(영문) 인천지방법원 2019.10.23 2019고단3334

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a vehicle B ton.

On February 21, 2019, the Defendant driven the above vehicle around 21:00, and turned back to a speed of about 3 km per hour in Seo-gu Incheon, Seo-gu, Incheon.

In such cases, a person engaged in driving service has a duty of care to make a follow-up signal and to properly see the right and the right and the right and the right, and to check the career of the person in charge of driving service.

Nevertheless, the Defendant neglected this and followed the body of the victim E (the age of 44) who was walking behind the said vehicle due to the negligence of the Defendant, and went beyond the body of the victim E (the age of 44) due to the shock of the latter, and served the victim's left-hand bridge on the left-hand side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand body Nos. 4, 5, and 5, which require approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements prepared in E;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of criminal punishment since 2009, and is against his/her wrong conduct

1. Article 62-2 (1) of the Criminal Act for community service;