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(영문) 인천지방법원 부천지원 2017.03.31 2017고단89
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

[criminal history] On October 11, 2013, the Defendant was sentenced by the Incheon District Court to imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and completed the execution of the sentence on January 29, 2014 at the Incheon Detention Center.

[Criminal facts] The Defendant is a person driving C urban bus.

On November 17, 2016, the Defendant driven the above bus at around 08:10 on November 17, 2016, and proceeded with the intersection of the private distance of 32,000 Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, by the 32,000 Non-Acheon-si.

Since there is a place where traffic is controlled by signal apparatus, there was a duty of care to observe the signal of the defendant engaged in driving the motor vehicle and prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant, by negligence in violation of the signal, has been driving by a victim D (28 tax) who was proceeding under the signals from the south-west high-risk bank of Madern University on the part of the victim D (28) who was proceeding with the said signals.

E 125CC 100. The front part of the bus was driven by the Defendant.

As a result, the Defendant suffered from the victim of the above occupational department and office room with approximately eight weeks of treatment, such as the left-hand flusium flusium flusium.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents, and a written statement on the occurrence of each traffic accident;

1. A medical certificate;

1. On-site photographs, etc., traffic accident CD images;

1. Previous convictions: Inquiry of criminal history, investigation report (verification of the records of the same criminal act as the suspect), judgment door, and application of Acts and subordinate statutes concerning the personal confinement status;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] / In the area of mitigation (one month to eight months), the area of mitigation (special mitigation (special mitigation) [including serious efforts to recover damage] / The area of punishment is not subject to punishment (including special mitigation).

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