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(영문) 인천지방법원 2014.05.15 2013고단6616
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 who is engaged in driving Cone Star A.S. car.

On August 7, 2013, the Defendant driven the above van around 10:00, and driven the 16-lane road in order to reach the speed of 10km or less per hour from the 11st room of the water-based apartment complex to the 4rd room of the water-based apartment complex from the 11st room of the water-based apartment complex to the 10km or less per hour.

At this point, there was a duty of care to check the safety of the course by temporarily stopping the defendant engaged in the vehicle driving business and checking whether there is a person to wear the above crosswalk.

Nevertheless, the Defendant neglected this and proceeded as it is, and received the body of the victim D (year 55) who was walking on the right side from the left side of the direction of the Defendant’s proceeding.

The Defendant suffered injury to the victim, such as mination and mination of the right flag, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement made to D by the police;

1. A traffic accident actual condition survey report, on-site photographs, and on-site map;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

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 crime, general traffic accident, [1] Injury by traffic accident;

(b) Persons with special punishment: Reduction elements (not subject to punishment);

(c) In cases of general persons: Aggravation factors (referring to cases falling under the proviso to Article 3 (2) of other special teaching rules, serious injuries), mitigation factors (no motor vehicle comprehensive insurance, nor power on criminal punishment);

(d) Scope of recommendations: Reduction area, one month to six months; and

3. Sentence;

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