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(영문) 인천지방법원 2018.04.25 2017고단8053
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Class C and III cargo vehicle.

On August 16, 2017, the Defendant driven the above cargo vehicle around 12:35, and came to turn to the left at a speed of about 47.7 km/h from the two-lanes of the sub-party market at a talent university in the remote distance of the Seo-gu Incheon Metropolitan City.

Since there is a signal at the intersection, the driver of the motor vehicle has a duty of care to live well on the right and the right of the motor vehicle and to prevent the accident by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the defendant neglected his duty of care and proceeded to the left turn on the two directions due to negligence, and caused the victim E (66 years) to suffer injury to the victim by shocking the bicycle driven by the victim E (66 years) in front of the right side of the above cargo vehicle, which was driven by the victim E (66 years).

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police with regard to F;

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

1. Each investigation report and each photograph;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 [In the case of injury (in the case of August to 2] in the aggravated area (in the case of a person subject to special sentencing (in the case of a person subject to special sentencing), the number of injury (in the case of a person subject to aggravated punishment) in the aggravated area (in the case of a person subject to special sentencing), the number of punishment is not limited (in the case of a sentence decision] (in the case of a person subject to sentencing), as set forth below, all of the sentencing conditions in the arguments of the case, including the defendant's age, sex, family relationship, family environment

The defendant has no choice but to say that the defendant has been in favor of.

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