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(영문) 인천지방법원 2018.11.08 2018고단5884
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CN125 124cc.

On June 4, 2018, the Defendant driven the above Obabaon around 20:16, and led to the progress of the operation in the front of the apartment at the home-side intersection of the apartment apartment, instead of the walk of Incheon Gyeyang-gu, to the operation air.

Since the location is an intersection where signal lights are installed, there was a duty of care to safely cross-sections by complying with signal signals.

The Defendant was negligent in driving the above intersection by using the signal at a speed of about 58 km at a speed of speed without reducing the speed, while the signal installed at the right side of the proceeding direction, and by using the signal at the speed of about 58 km, and by using the signal at the speed of eCA100 on the right side of the victim D(51 tax) driving at the right side of the eCA100 Orotoba, which is moving to the right side of the eCA100 Orotoba, in accordance with the signals in the operation direction.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of the pipe frame (closed) and the bed of the floor, which require approximately five weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment] No person who does not have a basic area (4th to 1 year) (the person who is subject to special sentencing] [the sentence] [the decision of sentence] six months] of imprisonment without prison labor, the suspension of execution of two years disadvantageous to imprisonment without prison labor: a signal violation, and an insurance processing and agreement was not reached. The favorable circumstances are that

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