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(영문) 인천지방법원부천지원 2020.12.10 2020고단3562
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2020, the Defendant driven a B PP car on June 21, 2020, and turned down the front road in front of the Gyeonggi-do, along the two-lanes of the three-lanes, at the speed of about 60km from the original IC.

The location is an intersection where traffic is controlled by signal apparatus at the front of the road, so in this case, the driver of the vehicle has a duty of care to reduce the speed to the person engaged in driving the vehicle and to check whether there is a vehicle passing through the intersection by checking well the right and the right of the vehicle, while driving the vehicle safely according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the right side of the E-wheeled Vehicle driven by the victim D (Nam & 51) who was going to the right side on the left side of the intersection by the negligence of entering the intersection as is, in violation of the suspension signal, due to the negligence of failing to perform it, and thereby, received the front part of the E-wheeled Vehicle.

Ultimately, the Defendant caused the victim to suffer from the loss of the left-hand side and the heat by his occupational negligence, which requires approximately 13 weeks medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's statement on the defendant's legal statement D of traffic accident, the report on the occurrence of traffic accident, the photograph of the scene of accident, the closure, one copy of the meeting for appraisal request, one copy of the traffic accident analysis report, one copy of the diagnosis report, each diagnosis report,

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as where the degree of injury of the victim is significant, or where the defendant acknowledges the crime of this case and reflects the fact that the defendant has no past record of exceeding the fine, the

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