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(영문) 인천지방법원 2018.09.12 2018고단5597
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving the BR-V car.

On April 12, 2018, the Defendant driven the above vehicle around 14:40 on April 12, 2018, and made the front road of the Seo-gu Incheon Metropolitan City to turn left at the right turn on the two-lanes of the two-lanes in the direction of the storm apartment.

Since the left-hand turn is a prohibited area, there was a duty of care to make a left-hand turn to the driver of the vehicle.

Nevertheless, the Defendant neglected to turn to the left as it is, due to negligence, and received the left part of the EVIN50 U.S. driving of the victim D(65 ) who turns to the right side of the said CR-V car from the direction of the HR-V car in the future in the direction of the EV-V car.

As a result, the Defendant suffered injury to the victim, such as cutting down and closing down the mouths that require approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence status and on-site photographs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the area where the reduction area (one month to eight months) is mitigated (the special sentencing person], and the punishment is not mitigated;

2. When considering the fact that the crime of this case with the sentence of sentence was committed by the Defendant, by negligence of making a left left turn only in the prohibited zone while driving a car, and the victim suffered injury requiring the victim to take a medical treatment for about 10 weeks, the nature of the crime is not less light, and the victim suffered serious injury requiring a medical treatment for about 10 weeks due to the crime of this case, etc., the Defendant.

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