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(영문) 인천지방법원 부천지원 2015.05.21 2015고단869
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On February 11, 2015, at around 17:30, the Defendant driven a B Poter Cargo Vehicle, and had the front road of 47 U.S. Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do, 106 U.S. Do-do turn to the left from the front of Seocheon-gu to the front of Seocheon-gu Office.

In such cases, a driver of a motor vehicle has a duty of care to accurately operate steering the steering gear and not to operate the sidewalk, but has neglected to do so, and he/she received the victim C, who is a pedestrian, from the front part of the vehicle, and caused the victim to suffer injury, such as cage cages that require a six-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to reports on traffic accidents, photographs, reports on occurrence of traffic accidents, and investigation reports;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendation [Determination of type] Sentencing for traffic crimes, general traffic accidents, and injury of traffic accidents (type 1) (the scope of recommendation punishment] (the scope of recommendation punishment] 4 months to 10 months (basic area);

2. Determination of sentence: The defendant's liability is very heavy in light of the following: 10 months of imprisonment without prison labor, 2 years of suspended execution, and 40 hours of an order to attend a compliance driving lecture, the defendant's failure to pay attention to the left and went over to the left, thereby causing injury to the victim, and the defendant's failure to receive a letter from the victim.

However, there are other reasons such as the fact that the defendant led to the confession of the crime, that there is no criminal punishment against the defendant, that the vehicle is covered by a comprehensive insurance.

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