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(영문) 인천지방법원 2017.05.18 2017고단1687
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 car in B SP area.

On October 03, 2017, around 01:55, the Defendant came to turn to the left from the long distance of sand village from the distance of 160,000,000, from the long distance of water works of 124,000, Nam-gu, Incheon Metropolitan City.

Since there is a cross-section where signal lights are installed, there was a duty of care to reduce speed and safely proceed in accordance with good faith to the person engaged in driving service.

Nevertheless, due to the negligence of violating the signal and left turn, the victim C (65) driven by the victim C(65) driving the D-si driving ahead of the said car in two lanes from the shooting distance of the water market to the shooting distance of the water market by green straight line, and the victim E(44 years) driving on the three-lane way, continued to drive the F-M M-M-M-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as c1/C2 sprinks, tensions, etc. in light of the following: (a) the victim E, and the victim G (59) who is the passenger of the above taxi, suffered injury, such as c1/C2 c1/C2 sprinks in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E, C and G;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 (Punishment as crimes concerning violation of each Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) against Victims C and G, and crimes concerning Victims G with a more serious criminal situation) of the Criminal Act;

1. Selection of each sentence of imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. An order to attend a course;

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