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(영문) 인천지방법원 2014.12.18 2014고단5966
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 a sub-car C.

On June 27, 2014, the Defendant driven the above vehicle around 23:15, and turned the vehicle to the opposite line from four lanes in front of the Yong-nam Apartment at 230-ro, Incheon, Yeonsu-gu.

At all times, traffic signals have been installed, so the defendant engaged in driving service has a duty of care to prevent traffic accidents by driving the vehicle according to traffic signals.

Nevertheless, the Defendant neglected to enter a stop traffic signal to the opposite line on the four-lanes as above, and continued to drive the same road as the above-mentioned vehicle on the side of the intersection distance from the intersection of the intersection distance to the blue school distance. The Defendant received the front part of the CA110 Matoba in front of the left side of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as the non-completion of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Taking photographs of a shock part of the vehicle involved in the accident at the scene of the actual condition investigation report and photographs of the scene of the accident;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 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, 01. General traffic accidents, [1] Injury by traffic accidents;

(b) Special supporters: Reduction factors (if any traffic accident has occurred even on a victim, or there is a substantial negligence in expanding the damage);

(c) In cases of general persons: Reduction factors (in cases of serious injury) increase factors (in cases of motor vehicle comprehensive insurance).

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

3. Sentence;

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