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(영문) 인천지방법원 2014.04.14 2014고단1523
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 who is engaged in driving a Bran XG car.

On December 20, 2013, the Defendant driven the above car on December 13:30, 2013, and moved to the right bypassing the road of the private distance to the direction of the Bupyeong-gu Incheon Metropolitan City.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to check well the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and led the Defendant to go back to the right side of the victim C (the age of 64) who dried the crosswalk to the left side of the crosswalk in the direction of marina course by negligence, which led to the front side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as an infinite finite surgery, which requires approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The actual condition survey report;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

1. Application of the sentencing criteria;

(a) Determination of type: Traffic crime, general traffic accident, injury from traffic accident;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) In cases of general persons: Reduction factors (in cases where comprehensive motor vehicle insurance is subscribed, serious reflectives, no criminal punishment power is imposed), aggravation factors (in cases where serious injuries, other than serious injuries, fall under the proviso to Article 3 (2) of the Specialized School Act, or serious injuries have occurred);

(d) Scope of recommendations: Reduction area, one month to six months; and

3. Determination of sentence: Four months of imprisonment without prison labor and one year of suspended execution; and

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