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(영문) 인천지방법원 2015.08.13 2015고단2398
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 rocketing car.

On March 12, 2015, the Defendant driven the above car at around 18:00, and 1306-11 of the Nam-gu Incheon Metropolitan City, Nam-gu, Dong-gu, Incheon, was straighten by a one-way road without distinguishing between the two sides of the sand market from the south-dong office.

In such cases, the driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall slowly drive the motor vehicle if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when there is another motor vehicle who intends to drive the intersection from a road with a wide width, he/she shall yield the course of the vehicle.

Nevertheless, the Defendant neglected this and got the front part of the car driven by the suspect, which driven by the victim C(23 years of age) driving on the right side of the Dondo road on the side of the sand market by the negligence of driving it.

As a result, the Defendant suffered injury to the victim, such as the scambling and scambling, which require approximately eight weeks of medical treatment due to the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

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

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the violation of criminal conduct, the subscription to liability insurance, and the absence of any record of criminal punishment exceeding a fine);

1. Reasons for sentencing of Article 62-2 of the Criminal Act [Scope of Recommendation] under Article 62-2 of the Act on Order to Provide community service and attend lectures: The first type of general traffic accident (the injury of traffic accidents) that has no basic area (the special appearance) (the decision of sentence] (the decision of sentence), six months of imprisonment without prison labor, the suspension of execution of two years, the community service and the lecture of compliance officer for 40 hours;

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