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(영문) 인천지방법원 2015.07.23 2015고단1986
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 BP car.

On February 9, 2015, the Defendant driven the said car at around 2:55, and proceeded at approximately 21 to 30km each hour on the 4-lane road in front of the D Motor Vehicle C in the Nam-gu Incheon Metropolitan City, Nam-gu, at the 4-lane road.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to pass to the right side of the center line.

Nevertheless, the Defendant was placed in front of the Fela car driving by the victim E (the 52-year-old driver) who was proceeding one-lane of the opposite direction due to the occupational negligence of the central line.

The Defendant suffered injury to the victim due to occupational negligence, such as sexual intercourse, which requires medical treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident (1), and reports on a traffic accident (2);

1. Application of Acts and subordinate statutes to a medical certificate, electric power supply statement, and medical opinion;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Determination of Punishment] traffic accident in general traffic accident [the person who has a special appearance] - sources of punishment for mitigation factors (including efforts to recover damage) - Where a serious injury has occurred (one category] [the scope of recommendations] basic area [the scope of recommendations] April to October [the scope of recommendations]] - If the serious element of mitigation is serious - Where the applicable provisions of applicable Acts fall under the proviso of Article 3(2) of the Education Specialized Law [the scope of applicable provisions]: Article 3(1) of the Education Specialized Law.

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