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(영문) 인천지방법원 2018.05.02 2018고단1204
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CT 100 Oral Ba.

On January 10, 2018, the Defendant, at around 20:45, was straighted along a bus-only lane in the direction of X-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, 252.

Since there is a cross-section in which signal lights are installed, there was a duty of care to ensure that a person engaged in driving service safely is in accordance with the direction of signal apparatus at the front.

Nevertheless, the Defendant neglected this and received the front left turn from the victim D's D's driver, who was on the left turn in accordance with the left turn turn at the opposite part of the above C's left turn due to the negligence of violating the above C's signal.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the lower end of the frame and the aggregate of the 8 weeks period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. A traffic accident report;

1. Each photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations of wooden persons);

1. In light of the fact that the defendant, as the reason for sentencing of Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, with respect to criminal facts, has inflicted serious injury on the victim by gross negligence in violation of signal at the intersection, and that no agreement has been reached with the victim, it is inevitable for the defendant to severely punish him.

However, it shall be considered that there is no criminal record of imprisonment without prison labor or more, etc. in favor of the defendant, and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be considered.

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