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(영문) 인천지방법원 2020.05.27 2019고단8497
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 B-to-car.

On June 12, 2019, the defendant driving the above car at around 18:59, and driving it in the Nam-gu Incheon Metropolitan City, Namdong-gu C, the front road was set up in the direction of long-time investigation distance from the front side of the road.

Since there is a signal, there was a duty of care to safely drive a motor vehicle according to the new direction to prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected to proceed in contravention of the signal, and received the victim E, who crossed the signal crossing in accordance with the pedestrian signals, from the right side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the escape of the left-hand gate, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the general traffic accident [the person who is a special person] - the injury of a traffic accident [the person who is a special person] - the aggravated element: the case where illegality in the proviso of Article 3(2)(excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the scope of the recommended territory and the recommended sentence] ] the increased area, 8 months to 2 years [the general person] of imprisonment without prison labor - the mitigated element: the case where the comprehensive motor vehicle insurance - the case where a serious injury that is not a serious injury occurs [the grounds for suspension of execution] - the general pride cause: the serious reflect, there has been no previous conviction, the suspension of execution or more,

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