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(영문) 인천지방법원 2015.06.11 2015고단1404
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving BCA110 Oba, and around 18:25 on January 18, 2015, the Defendant driven the above Obaba, and led the roads in front of the Incheon Southern-gu C to an insular distance from the front elementary school at the right angle of the city to an insular distance. In such a case, the Defendant, who is engaged in driving Obaba, had a duty of care to prevent accidents in advance by driving the front and right well and the right and the right and the right and the right and the right and the right and the right and safely.

Nevertheless, the Defendant neglected to drive the Defendant, and found the victim D (at the age of 58) who was towing the Lane in the same direction as before, and took urgent action to avoid this from the time. However, the Defendant was able to receive a bridge from the back of the victim due to the lack of the measure and the front part of the Defendant’s lebane.

The Defendant, by these occupational negligence, suffered injury, such as the fresh of the shoulder shoulder belt, damage to the power rope, etc., which requires approximately eight weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration to commit a crime and taking into account the fact that the criminal is covered by the liability insurance);

1. Reasons for sentencing of Article 62-2 of the Criminal Act [Scope of Recommendation] under Article 62-2 of the Act on Orders to Provide community service and attend lectures: The first type of general traffic accident (the injury caused by traffic accidents) that has no basic area (4-10 months) (the special person) (the decision of sentence] (the decision of sentence), six months without prison labor,

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