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(영문) 인천지방법원 2018.09.05 2018고단4652
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 driving a motor vehicle in DNAS G70.

On March 28, 2018, the Defendant driven the above car at around 18:50 on March 28, 2018, and became to turn to the left one way on the one-lane of the six-lanes of the annual-generation international campus in front of the shooting distance in the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, as a science.

Since there are signals, etc., and the speed limit is not more than 60 km/h, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and neglected to change the vehicle driving signal to a stop signal, but neglected it, followed the report by the failure to go at a speed of 104km/h of speed, and caused the reported victim E (18 years old), the victim F (18 years old) to go beyond the floor.

Ultimately, the Defendant suffered from the victim E in the above occupational negligence the injury of the victim E, i.e., an unexplosive alley of the number of days of treatment, and an injury of the victim F, i.e., an injury to the victim’s 8-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (victim status), investigation reports (in-house investigation, victim status), investigation reports (in-house investigation reports and analysis reports, victim status), investigation reports (in-house investigation reports and submission of victim agreement, replys as to whether serious injuries are inflicted

1. Article 3 (1), proviso to Article 3 (2) 1, 3, and 9 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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The following circumstances for sentencing under Article 62(1) of the Criminal Act, and the Defendant’s age, sex, environment, and the instant crime.

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