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(영문) 인천지방법원 2015.11.26 2015고단6461
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 engaging in driving a C-si.

On August 20, 2015, the Defendant driven the above vehicle on August 23:11, 2015, and driven the three-lane road in front of the community credit cooperatives in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, at a speed of about 78km from the long distance of the city bank to the long distance of the city bank.

In this case, there was a duty of care to safely drive a person engaged in driving service by complying with the speed limit in the area where the speed limit is 50km per hour.

Nevertheless, the defendant neglected this and caused the victim's body failure to cross the road to the right side from the left side of the direction of the defendant's proceeding to fall into the front part of the above vehicle by neglecting the speed exceeding 28 km per hour.

Ultimately, the Defendant suffered injury to the victim, such as a closed scarcity, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. The condition of the vehicle before the accident, and the speed limit of the vehicle at the time, and the photograph of the signboard indicating the case;

1. Report on investigation (case of change of speed limit);

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [decision of types] for the sentencing of Article 62(1) of the Act on the Suspension of Execution [The grounds for sentencing as set forth below] traffic accidents in general traffic accidents [the victim] - In the event that there is considerable fault for the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage), which is not subject to special mitigation [the scope of recommendation area] 1 to 6 months [the scope of recommendation person] - the comprehensive motor vehicle insurance for mitigated factors.

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