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(영문) 인천지방법원 2015.01.15 2014고단6985
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles B.

On July 2, 2014, the Defendant driven the above vehicle on July 2, 2014, and led the two-lane road in front of the Office Paris of the Incheon Strengthening-gun, Incheon, to flow from the side of the bank to the U.S. at a U.S. speed.

Since there is a sign prohibiting to turn to the left at the intersection where a signal, etc. is installed, there was a duty of care to prevent accidents by driving safely without making a left- or left-hand turn according to the new code to a person engaged in driving service.

Nevertheless, the Defendant violated the direction of the sign, and got a part of the victim C driver's D's left-hand part of the victim's D driver's c who was in the opposite opposite line due to the negligence of the fluoring the central line.

As a result, the Defendant suffered injury to the victim C, such as flaver laver laver laver laver laver laver laver, which requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site map, on-site photograph, and report on each traffic accident;

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

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

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, 01. General traffic accident, (Type 1) traffic accident, injury resulting from a traffic accident;

(b) Special convicts: Aggravation factors (where illegality in the proviso to Article 3 (2) of the Specialized School Act is serious);

(c) In general, factors to mitigate (life comprehensive insurance) and factors to increase (the same criminal record that does not constitute repeated crimes);

(d) Scope of recommendations: Basic sphere, April to October 3.

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