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(영문) 인천지방법원 2015.11.23 2015고단6259
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2015, at around 20:30 on September 20, 2015, the Defendant driven three-lanes in front of the Nam-gu Incheon Metropolitan City B along the direction of the Southern East-gu Industrial Complex in the direction of the Namdong Industrial Complex, and proceeded at a speed of 30km per hour.

Since there is an intersection where a signal is installed, the person engaged in driving service has a duty of care to reduce speed and to prevent accidents by driving safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with the bicycle front part of the victim D (the age of 14) driving driven by the pedestrian signal at the front side of the bus, which was driven by the pedestrian signal while going against the stop signal while neglecting it.

As a result, the Defendant suffered injury to the victim, such as a rush aggregate manager, who requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Application of each written diagnosis (D) statute;

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the violation of criminal conduct, joining a mutual aid association, and reaching an agreement with victims);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Determination of Punishment] Article 62-2 of the Act on the Punishment of Traffic Accidents - Types 1 (Special Convicts) [including efforts to recover damage] - [Determination of the area of recommendation] mitigation area / [Scope of recommendation] one month or 6 months / [limited scope of recommendation] 1 month or 6 months / half in the mitigated area (general person] - If there is serious injury which is not serious injury that is not a serious injury to the comprehensive motor vehicle insurance for mitigation factors / [Scope of punishment] applicable provisions of Acts / [Scope of punishment] applicable provisions of Acts: One to five months / [Determination of sentence] 4 months, and one year of suspended sentence.

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