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(영문) 인천지방법원 2018.11.08 2018고단6581
교통사고처리특례법위반(치상)
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

On July 23, 2018, around 18:11, the Defendant driven a front road of the 447 Samju apartment-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, in order to drive a motor vehicle for occupational purpose, and proceeded at a speed of about 30km each other at a speed of about 30km from the trisan distance from the trisan distance to the trisan Agricultural Product Market.

Since signal lights are installed at the front of that place and traffic control is performed, in such a case, there was a duty of care to safely drive a bicycle in accordance with good faith for a person who is engaged in driving of a motor device.

Nevertheless, the Defendant neglected this and went to the intersection by the negligence of entering the intersection in contravention of the signal, and caused the victim D(41) who was driving a bicycle on the left side of the crosswalk to the left side of the road in the direction of the Defendant's running, a bicycle driving on the crosswalk to the left side of the bicycle driving.

Defendant 1 suffered injury to the victim, such as the escape of the dog chain that requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident in the DNA preparation;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to one year) of the types of general traffic accidents (no person subject to special sentencing];

2. The crime of this case by which the defendant was sentenced in violation of the signal and the degree of negligence in the course of his duties is relatively less than that of the victim, as the defendant's shocked the victim who was walking the bicycle on the crosswalk.

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