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(영문) 인천지방법원 2020.10.23 2020고단5781
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 who is engaged in driving a Pleatom car.

On April 11, 2020, the Defendant driven the above car on April 11, 2020, and came to turn to the left at a speed that would not be known to C from the intersection of the 360 Operation Manual and the Administrative Welfare Center of Gyeyang-gu, Incheon.

At the same time, there is a safety sign indicating the temporary suspension of the road in the intersection without signal, and at the same time, there is a duty of care to prevent accidents in advance by stopping in accordance with the stop line before entering the intersection, and by accurately operating the steering system and brakes, the driver engaged in driving the motor vehicle with the duty of care to prevent accidents in advance.

Nevertheless, in violation of the direction indicated by the above stop sign, the Defendant was negligent in entering the intersection by entering the intersection as a result of the Defendant’s failure to stop the intersection before entering the intersection, and received the rear part of the bicycle driven by the victim D(62 years old) who directed the intersection from the right side of the Defendant’s vehicle to the right side of the bicycle.

The Defendant suffered injury due to the above occupational negligence, such as the injury of the victim, such as the blood cerebrovascular brain typosis and the damage of the fluoral sphere.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. An order to attend a course: The grounds for sentencing under Article 62-2 of the Criminal Act shall be determined as per the order;

Unfavorable circumstances: When considering the circumstances of the accident, the degree of violation of the defendant's duty of care is not easy, and the victim's injury.

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