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(영문) 인천지방법원 2013.05.16 2013고단1292
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 driving a concrete mixed truck.

On January 9, 2013, the suspect driven the above truck on the 12:48th day of January, 2013, and led to the road of four lanes in the 469-11th day of Seo-gu Incheon Metropolitan City, Seo-gu, about 66.9km from the East IIC to the East IIC.

The location is where an intersection with signal lights is installed, and the center line of yellow-line lines is installed, so the person engaged in driving service has a duty of care to reduce speed and to live well on the right and the right, and to safely operate the car line.

Nevertheless, without neglecting this, the vehicle stop signal while driving in the central line as it is, and the vehicle was driven by the victim C(65 years old) who was in the atmosphere of the signal at the two-lanes of the opposite letter by the negligence of driving the central line, and caused the above truck to be driven by the back part of the defendant's left side of the freight vehicle, and the said truck was driven by the front part of the defendant's vehicle.

As a result, the Defendant suffered injury, such as a ductal body felling, which was accompanied by a ducts that require approximately 16 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report, on-site photographs, and vehicle photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (examination of suspect negligence);

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of previous convictions for the same offense, the fact that there exists an agreement with the victim, and the fact that there is a reflection of mistake);

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