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(영문) 인천지방법원 2015.07.08 2015고단2671
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 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 D-U.S. 22.5 tons car truck.

On February 28, 2015, the Defendant driven the above truck at around 04:50 on February 28, 2015, and came to turn to the left at the intersection of three lanes in front of the talent university located in the forest dong-gu Incheon Metropolitan City.

Since there are three-distance crossings where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals after checking the signal.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the opposite road due to the negligence in violation of the signal, and received the front part of the F New-Blight Driving Vehicle F. F.M., which was in the opposite road (35 years old), as the front part of the truck driving by the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury of the above victim, such as the removal of the right-hand body, the removal of the removal of the pelvis, and the injury of the victim G (the 22 years old), who is the passenger of the victimized vehicle, about 12 weeks of medical treatment, such as the left-hand side in need of medical treatment and the frame of the part of the pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. G statements;

1. The actual condition survey report;

1. A photograph of the scene of the accident, and a cross-section signal betade;

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

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. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act [the grounds for sentencing in Article 62-2] The area of mitigation (one to six months) of the general traffic accident (the injury caused by traffic accidents) [Special Mitigation] [including a serious effort to recover the damage] - The decision of sentence is contradictory to favorable circumstances, and there is no record of imprisonment without prison labor or heavier punishment.

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