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(영문) 인천지방법원 2016.04.28 2015고단8225
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of a car of this car of this car of this car of this car of this car of this case on 16:04 on 03. 09. 16:04, the Defendant was driving a car of this car of this car of this case, and the Defendant was driving the car of this case at a speed of about 20 km per hour at a speed of about 20 km in the front of the apartment of the Incheon Gyeyang-ro 74 Do Do, Incheon, the road of the 74 Do Do Do, in front of the shooting distance from the Gam Park.

At the time, the victim D(67) was driven by the bicycle driving by the victim D(67) and the bicycle lane side of the pedestrian crossing from the edge of the shooting distance to the Young underground roadway, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and received the left-hand side of the said bicycle as the front part of the said van by negligence bypassing from the front line of the front line.

Ultimately, the Defendant suffered injury to the victim, such as an acute pressure pressure that requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the said Act, where the Defendant, while bypassing in violation of the signal signal at the intersection, obtained the direction of the intersection immediately after using the bicycle lane, and immediately converting the direction of the intersection into the right angle direction by using the bicycle lane next to the pedestrian signals, resulting in the victim’s serious injury requiring approximately 12 weeks medical treatment, and the victim’s injury.

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