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(영문) 인천지방법원 2018.12.13 2018고단7132
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 dump truck driving.

On July 23, 2018, the Defendant driven the above truck on July 23, 2018, and was driving the 117th line and the 5th line road of the National Bank of Korea in the Geomsan Industrial Complex as Seo-gu Incheon, with three lanes, the Defendant was driving the above truck on July 23, 2018 at a speed of about 50km in speed from the direction of the error distance to the direction of the city.

At that time, the signal was installed, and the defendant's direction was the red stop signal, so the defendant engaged in driving of the motor vehicle had a duty of care to safely pass the intersection according to good faith.

Nevertheless, the Defendant neglected this and caused the injury to the victim E (the 44 years old), who is the passengers on the bus, and the victim F (the 53 years old), who are the passengers on the bus, and the victim E (the 44 years old), the victim G (the 53 years old), and the victim G (the 53 years old), in need of six-day medical treatment, as the part in front of the left side of the "D" bus driven by the victim C (the 55 years old) through the intersection in accordance with the new subparagraph from the right side of the road to the left side of the above truck.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on each traffic accident, a report on the scene of the accident, and a list of passengers;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with the largest penalty);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: From one month to five years of imprisonment without prison labor;

2. The sentencing criteria shall be set.

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