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(영문) 인천지방법원 2018.04.04 2017고단8924
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of 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 of Cone Star vehicles.

On October 28, 2017, the Defendant driven the above vehicle at around 05:32, and led to a private-distance intersection at the entrance of the 6th public corporation to a speed of about 60km from the west-gu Incheon Metropolitan City, Nam-gu, Incheon, to a view of approximately 60km from the west-gu to the west-gu, Incheon.

Since there is an intersection where signal lights are installed, there was a duty of care to reduce speed and drive safely according to signals.

Nevertheless, the Defendant neglected this and neglected to stop the Defendant’s moving direction, and neglected to proceed in violation of this, brought the front part of the Defendant’s moving-ined vehicle E in the victim D(48) driving, which is proceeding from the right side of the Defendant’s moving-in to the left side, into the rear side of the Defendant’s moving-in vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D such as salt, tensions, etc. in need of approximately three weeks of treatment on the part of the victim F (71) who is the passenger of the Defendant’s vehicle, on the part of the victim F (71 years of age) who suffered from the injury to the brain dynasium in need of approximately two weeks of treatment; on the part of the victim G (62 years of age), on the part of the victim G (65 years of age), on the part of the victim’s hynasium in need of treatment for about 10 days of crynasium in need of approximately six weeks of treatment; on the part of the victim F (58 years of age), on the part of the part that the victim’s hynasium in need of approximately six weeks of treatment; and on the part of the part that the victim’s hynasium in need of approximately six weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 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 Competition;

1. Selection of imprisonment without prison labor for the option of punishment;

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