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(영문) 인천지방법원 2014.05.15 2014고단968
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 of freight vehicles of 25 tons in Scaria.

At around 22:00 on November 26, 2013, the Defendant parked the above cargo vehicle on the two-lanes of the 607-dong, Bupyeong-gu, Incheon, Bupyeong-gu, 116-dong, Incheon, 116-dong, the two-lanes. Since a yellow solid line is installed, a person engaged in the driving of a vehicle is in a zone where parking the vehicle at a long time, in particular, in a situation where it is not easy to identify the vehicle parked on the road at night, and thus, it is not easy to take safety measures such as installation of safety signs or turning on a light or a light, etc. on the two-lane road, which is a zone where the stopping of the vehicle is prohibited, without being negligent in taking any measures, and around 00:50 on the 27th of the same month, the Defendant was negligent in parking the cargo vehicle on the two-lane road, which is a zone where the parking of the vehicle was prohibited, and caused the victim to drive the vehicle at the end of the victim C (51).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of traffic accidents, reports on the actual condition of traffic accidents, photographs, and investigation reports;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”)

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 types: [19] Traffic Offenses, General Traffic Accidents, and Type II (Death or Injury of Traffic Accidents);

(b) Special supporters: Reduction factors (if there is a substantial negligence on the occurrence of a traffic accident or the expansion of damage on a victim);

(c) General talented persons:

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