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(영문) 인천지방법원 2016.01.14 2015고단7351
교통사고처리특례법위반
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 Bran vehicle.

On October 26, 2015, around 18:09, the Defendant made a left turn to the left at the private distance of the Jinsan elementary school from the gymnasium of the Busan Bupyeong-gu, Incheon, the gymnasium from the gymnasium of the Samsan middle school.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to protect the signal well and to prevent the accident in advance by safely driving the signal.

Nevertheless, when the defendant neglected to make a left-hand turn at the front of the vehicle, the defendant got a bicycle for the victim C (Woo 51) who was a bicycle and a crosswalk in accordance with the Mad pedestrian's signals when the defendant was negligent in driving the bicycle in front of the vehicle that the defendant driven.

Ultimately, the Defendant suffered injury to the victim, such as the soft spine, in need of approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

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

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [Types of Decision] : (a) Category 1 (Bodily Injury resulting from Traffic Accidents) of the General Traffic Accident Act - [including efforts to recover damage] / [Determination in the sphere of recommendation] mitigation area / [the scope of recommendation] one month or six months / [the scope of recommendation] / No one month or six months [general sentencing person] - there is no record of reflective punishment against which comprehensive motor vehicle insurance for mitigation has been subscribed to / Where there is serious injury not being injured among the aggravated factors / Article 3(2) proviso of the Act of the Special Cases of the Republic of Korea / [the scope of punishment] applicable to cases falling under Article 3(1) of the Act of the Special Cases of the Republic of Korea: statutory penalty under Article 3(1) of the School:

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