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(영문) 인천지방법원 2018.06.11 2018고단3072
교통사고처리특례법위반(치상)
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 of the B-place cargo vehicle.

On April 15, 2017, the Defendant, at around 11:10 on April 15, 2017, sent to the Seo-gu Incheon Si Office, Seo-gu, Incheon, Seo-gu, 232 Bloson, a shooting distance from the front of the Bloson, was rounded to the Blosonn City on the lot side.

On the other hand, there was an intersection or crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant was negligent in neglecting the duty to see on the front side and the left side while the vehicle signal of the front side of the road is red signal, and due to the negligence of neglecting the duty to see on the left side and right side of the road, and received the bicycle front side part of the victim C (58 e.g., the bicycle front side part of the Defendant’s bicycle front side on the apartment side of the glarg apartment with a bicycle and a crosswalk on the side of the crosswalk.

After all, the Defendant suffered injury to the victim, such as 10000 won on the left-hand side in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A traffic accident report;

1. Each photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 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 suspension of execution ( normal consideration, such as the reflection of the fact and the fact that an automobile comprehensive insurance policy is subscribed);

1. The community service order under Article 62-2 of the Criminal Act;

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