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(영문) 인천지방법원 부천지원 2020.06.10 2019고단3532
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a QM6 car.

On June 17, 2019, the Defendant driven the above vehicle at around 13:20, and driven the 16 Samcheon-si-si Intersection 16 Samcheon-si Intersection from “C” to “D” on the surface of “D.”

Since the location has a signal apparatus, as a driver has a duty of care to prevent accidents by proceeding with an intersection signal in accordance with the signals as directed by the signal apparatus.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front part of the FCA 110-wheeled Vehicle driving by the victim E (the age of 46) who was a victim E (the age of 46) who was holding an intersection from the left-hand side of the course direction to the intersection in accordance with the progress signal, due to the negligence in contravention of the stop signal.

Ultimately, the Defendant suffered injury, such as the blood transfusion and the recognition of the wound, etc., due to the above occupational negligence, from the victim, which requires medical treatment of approximately 24 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

The reason for sentencing is that the defendant recognized the crime and misjudgments the mistake, the defendant is the first offender who has no criminal punishment power, and the victim is not punished by the defendant, and the defendant's negligence and damage are serious, such as favorable circumstances, such as the fact that the defendant does not want to be punished by the defendant, and the fact that the defendant's negligence and damage are serious, and all other circumstances that are the conditions for sentencing specified in the records and arguments of this case, including the defendant's age, character

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