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(영문) 인천지방법원 부천지원 2020.06.24 2020고단768
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 01:20 on November 4, 2019, the Defendant driven DK5 taxi in the direction of the C in the direction of the C, Seocheon-si.

In such cases, the person engaged in the driving of a motor vehicle has a duty of care to reduce the speed for the person engaged in the driving of the motor vehicle, to check whether there is a motor vehicle passing through the intersection by checking well the right and the right of the front side, and to prevent the accident by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant, by negligence in violation of the signal even though the front signal was red, caused the front part of the front part of the front part of the victim E (the age of 16) driving in violation of the signal to the right side from the left side of the direction of the Defendant’s running.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E (the 16-year-old) such as climatic blood transfusions in need of at least 24 weeks of medical treatment, and suffered injury on the victim F (the 17-year-old age-old) who was on the above cliba in need of medical treatment about 4 weeks of the left cliba.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, an actual condition investigation report, an investigation report, and an analysis of a traffic accident;

1. Application of Acts and subordinate statutes to medical certificates and copies thereof;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) a traffic accident occurred by the Defendant without complying with the signal without complying with the signal; and (b) a victim’s injury is serious; and (c)

However, it shows the attitude of recognizing and opposing all the defendant's committing crimes.

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