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(영문) 인천지방법원 2014.07.03 2014고단1791
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a vehicle B.

At around 07:20 on January 28, 2014, the Defendant driven the front of the 292 Western Fire Station, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, to turn to the left at the speed of approximately 20-30 kilometers per hour from the side of the Seo-gu Police Station to the side of the home distance.

However, since there are signals and crosswalks installed, there was a duty of care for a person engaged in driving a motor vehicle to observe signals and to safely drive a motor vehicle by checking whether a person is crossing a crosswalk.

Nevertheless, the defendant caused the victim C(the age of 42) to build the crosswalks according to the pedestrian green signal on the right side of the moving direction by negligence in violation of the signal.

Ultimately, the Defendant caused the victim to suffer from the above occupational negligence by cutting down the body of the left-hand complex where approximately 12 weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

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

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 concerning Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

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 crime, 01. General traffic accident, [1] Injury by traffic accident;

(b) Aggravation: Aggravation factors (where illegality in the proviso to Article 3 (2) of the Specialized School Act is serious);

(c) In general: Aggravation factors (serious injury), mitigation factors (Purchase of comprehensive motor vehicle insurance); and

(d) Scope of recommendations: Aggravation, 8 months to 1 year and six months; and

3. Determination of sentence: 8 months of imprisonment without prison labor, 2 years of suspension of execution, and 120 hours of community service [the reasonable circumstances].

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