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(영문) 인천지방법원 2013.09.30 2013고단590
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

The Defendant is a person engaging in driving a rocketing car.

On September 25, 2012, the Defendant driven the above car at around 19:10, and led the road in front of the school-interest 2 Dong office in Nam-gu, Incheon, Nam-gu, 297, to proceed from the Incheon detention center to the 15 km each hour at the speed of 15 km between the two-lanes from the Incheon detention center.

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

Nevertheless, the defendant neglected this and passed the intersection on the stop signal at the right side of the school-interest distance located on the left side of the defendant's running direction by the negligence of driving the intersection, and received the two-lanes from the victim D(the age of 41) driving along the moving signal, the front right side of the E-to-land driving by the defendant as the front left side of the car driving by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as a ductating the right to the right, for about five weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. The defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution;

1. Each legal statement of witness D, F and G;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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 According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 of the Criminal Code of the Social Service Order, Article 59 of the Act on Probation, etc., and Article 59 of the Act stipulate that the accused and the defense counsel only observe and drive the signal, and do not violate the signal as stated in the facts constituting a crime. However, this court has duly adopted it.

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