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(영문) 인천지방법원 2015.01.15 2014고단7374
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car BM 7.

On 00:00 on 00 on 04. 07. 00, the Defendant driven the above vehicle and proceeded ahead of the Driju station located in Incheon Nam-gu, Incheon, with the view to the view to the view of the Incheon Viewing room.

At all times, there was a traffic signal and crosswalk installed, so there was a duty of care to observe the traffic signal to the defendant engaged in driving a motor vehicle and to prevent the traffic accident by driving the motor vehicle with the front left well, and to prevent the traffic accident by driving the motor vehicle.

Nevertheless, the Defendant neglected this and caused the victim E (V, 46 years of age) and the victim F (V, 19 years of age) who dried the crosswalk in accordance with the pedestrian signals by neglecting the traffic signal and driving the said vehicle.

As a result, the Defendant suffered injury to the victim E, such as 10 weeks of 10 weeks of medical treatment, and injury to the right hand hand, which requires medical treatment from the victim F for about two weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. The actual survey report and photographs related to accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with more serious criminal situation);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. General traffic accidents, [1] Injury by motor vehicle accidents;

(b) A special person: illegality in the proviso of Article 3(2) of the Act on the Special Cases of Aggravations.

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