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(영문) 인천지방법원 2016.09.01 2016고단3659
교통사고처리특례법위반
Text

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

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 rocketing strawing.

On April 11, 2016, the Defendant driving the above car at around 17:05, and driving a four-lane road in front of Incheon Seo-gu, Seo-gu, Incheon, at around 30 km of Si speed according to one-lane from the Cheongdo-do-do-dong-section.

Since there is a center line of yellow-ray, in such a case, there was a duty of care to prevent accidents in advance by safely operating the steering system and the steering system, while driving the vehicle safely.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

As a result, the Defendant suffered injury to the victim, such as the closure of the bones of arms and bones, which requires medical treatment for about three months, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. of Social Service Order is that the Defendant, with the central line and the driver’s error in the driving of the victim who had been living in the opposite direction, suffered bodily injury that requires medical treatment for about three months, and the crime of this case is not good. However, the vehicles are covered by comprehensive insurance.

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