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(영문) 인천지방법원 2019.07.17 2019고단3536
교통사고처리특례법위반(치상)
Text

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

except that 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 of a vehicle B with low bid.

On March 29, 2019, at around 19:19, the Defendant continued the Seo-gu Incheon Metropolitan City front road in the direction of the long distance from the original road.

Since there is a PE bank protection wall installed on the central line of the road, it was confirmed whether a person engaged in driving service has a vehicle that is driving by checking well the right and the right and the right of the road, and there was a duty of care to safely drive the vehicle along the lane by accurately manipulating the steering direction and the system of the vehicle.

그럼에도 피고인은 이를 게을리한 채 중앙선 분리대 PE방호벽을 충돌하고 중앙선을 침범한 과실로 마침 반대편 2차로에서 정상 진행하던 피해자 D 운전의 E 투싼 승용차의 앞범퍼 부분을 피고인 차량의 앞범퍼 부분으로 들이받고, 그 충격으로 위 PE방호벽이 튕겨 나가 마침 반대편 2차로에서 정상 진행하던 피해자 F 운전의 G 아반떼 승용차의 전면 유리 부분을 위 PE방호벽으로 충격하게 하였다.

Ultimately, the Defendant suffered, respectively, the injury to the victim D and the passenger H of the above damaged vehicle by occupational negligence, such as salt, tensions, etc. in need of treatment for about three weeks, and the injury to the victim F, such as salt, tensions, and tensions in need of treatment for about two weeks, and other unknown parts.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and F, and H's written statements;

1. Actual condition survey report, traffic accident situation report, on-site map, and photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, as well as the age, character, conduct and environment of the defendant, and the crime of this case.

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