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(영문) 인천지방법원 부천지원 2015.04.24 2015고단450
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 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 a sports cargo vehicle B even.

On January 4, 2015, around 08:15, the Defendant driven the above cargo from the tri-distance grain from the Jeju Jeju Jeju Jeju Jeju District Ginseng Center, Jeju Jeju District, and proceeded about about 70 kilometers a speed of 70 kilometers a speed, depending on the two-lane roads in the direction of the Grand Port.

Since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant, without disregarding the red signal from the front side, went to the left turn in the direction of the Ginseng Center by the negligence of entering the intersection as is, and thereby, was driven by the victim C (Nam, 67 years old) who was driving in the direction of the Ginseng Center in accordance with the left turn to the left in the direction of the grain center.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C, such as light and saves, which requires approximately two weeks of medical treatment, and the injury to the victim E (the 56-year old-age-older) of the same passenger E (the 56-year-older) who is in need of medical treatment for about nine weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and the occurrence of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the submission thereof;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. However, in light of all the conditions of sentencing, such as the fact that the defendant has subscribed to a comprehensive insurance, the fact that the defendant is against his/her mistake, the fact that the defendant is the primary offender, and the age and working environment of the defendant, etc., as well as all other conditions of sentencing.

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