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(영문) 인천지방법원 2017.11.10 2017고단5204
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Cdela car.

On May 19, 2017, the Defendant driven the above car at around 18:47, and led the three-lanes in front of the E pharmacy located in Yeonsu-gu Incheon Metropolitan City D to drive a three-lanes in front of the E pharmacy located in Yeonsu-gu, Incheon at the speed of about 40km from the direction of the city to the direction of the direction of the air route in the city.

At this point, there was a crosswalk where signal lights are installed, so in such a case, there was a duty of care to safely drive the driver according to the signals by reducing speed and checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and went beyond the floor when he was negligent in disregarding and proceeding the signal even though it was a stop signal. The Defendant received the part on the left side of the G Otobba in the victim F (47 Do) driving on the crosswalk, which was driving the horse, as the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as a closed flag, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (including simple traffic and diagnosis reports);

1. A traffic accident report;

1. Application of Acts and subordinate statutes on photographing;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be the basic area [the scope of the recommended punishment] of the type 1 (Determination in the sphere of recommendation] [the scope of the recommended punishment] [the scope of the recommended punishment] from April to one year [the general sentencing factors] - The mitigated factors: The serious reflectivity - when serious injury, other than serious injury, occurs (the type 1) and the proviso of Article 3(2) of the Act on Special Cases concerning Traffic.

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