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(영문) 인천지방법원 2015.03.18 2014고단9037
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 C-si car.

On September 24, 2014, the Defendant driven the above car on September 12:21, 2014, and led the front of the road of the 485 South-dong Incheon, Nam-gu, Chungcheongnam-gu, Seoul, to the Round square from the north-dong Police Station.

On the other hand, the crosswalk was installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to check the front door well and to prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim D (54 years old) who dried the crosswalk from the right side to the left side by negligence, and received the front portion of the above car.

Ultimately, the Defendant suffered injury, such as the return of felbage, which requires approximately 12 weeks of medical treatment by occupational negligence, to the victim, such as the return of felballs (the felballs and feld felds).

Summary of Evidence

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

1. Written statements of D;

1. Photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Not subject to punishment for the mitigated area (one to six months) (special mitigation) of the first category, general traffic accident, the scope of which is recommended, shall be limited;

2. The punishment shall be determined, in consideration of the fact that the defendant's negligence is not minor, and the degree of injury of the victim is serious, but the above special mitigation factors and reflects them, the fact that the vehicle is insured by mutual aid and insurance, the fact that there is no heavy penalty power exceeding the fine, and other various sentencing factors, such as the age, character, conduct and environment, etc. of the defendant.

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