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(영문) 인천지방법원 2014.12.11 2014고단7733

교통사고처리특례법위반

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D's car.

On September 2, 2014, the Defendant driven the above vehicle on September 2, 2016:55, and driven the road of 7 lanes in front of the modern iron, which is 63 lanes in the middle salary of the Dong-gu Incheon Metropolitan City, at the speed of about 50km from the direction of the transmission distance, to the speed of 50km.

In this case, the driver of the motor vehicle has a duty of care to check whether there is a person or bicycle, and to safely drive the motor vehicle according to the traffic signal, and to prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and had the victim go beyond the ground by taking the front part of the bicycle driven by the victim E (53 years old) who was crossing the bicycle crossing from the right side to the left side in accordance with the marina No. 195 due to the negligent negligence while the signal was changed to the red signal.

Ultimately, the Defendant suffered injury to the victim, such as damage to the right-hand mergal gun, which requires treatment for about eight weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, photographs, and investigation reports;

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 concerning Criminal Facts, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

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: [19] Traffic, 01. General traffic accidents, [1] Injury by traffic accidents;

(b) A special person: No person;