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(영문) 인천지방법원 2015.01.15 2014고단8165
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On October 15:40 on October 6, 2014, the Defendant driven the above car and proceeded at approximately 50 km in speed according to the two-lane of the 3-lane road from the west-gu Incheon Metropolitan Bupyeong-gu to the 544 Doambridge.

Since there is a signal, a person engaged in the driving of motor vehicles has a duty of care to comply with the signals displayed by the signal, etc.

Nevertheless, the Defendant neglected this and continued to turn to the left at the right-side of the victim C driving 125 cc U.S., which was due to the negligence of the Plaintiff’s continuous operation in violation of the stop signal, and received the right-hand part of the victim C driving as the front-hand part of the said car.

The Defendant suffered injury to the above victim by occupational negligence, such as a stoke, stoke, stoke, stoke, etc., which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of each traffic accident and on-site photographs;

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

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

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

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

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

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. General traffic accidents, [1] Injury by traffic accidents;

(b) A special breeder: No person;

(c) In general, mitigation factors (no motor vehicle comprehensive insurance policy or criminal punishment shall be allowed), aggravation factors (in the case of a violation of the proviso to Article 3 (2) of the Act on Special Cases of Injury or other Characters among the victims);

(d) Scope of recommendations: Basic territory, April to October; and

3. Determination of sentence: Six months of imprisonment without prison labor, two years of suspended execution; and

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