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(영문) 인천지방법원부천지원 2020.11.24 2020고단1705
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 BLIM10 107CC motorcycle.

On January 30, 2020, the Defendant driven the above motorcycle on January 30, 2020, and proceeded at a speed of about 40km to the long distance of 50km from the side of the old-dong Administrative Welfare Center at the speed of about 40km from the long-term station.

Since there is a place where a crosswalk is installed, there was a duty of care to confirm whether a person engaged in driving of a motorcycle has a way to reduce the speed and by examining the right and the right and the right of the motorcycle, and to safely drive the motorcycle in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded as it is, disregarded that the vehicle progress signal is changed to a stop signal, but the crosswalk installed in the direction of the blind line of the above shooting distance was cut off by the front part of the victim C(50 years of age)'s right bridge, depending on the walk, and turned over the ground.

As a result, the Defendant suffered injury to the victim, such as the right-hand joints, the pelvis and the pelvis in need of treatment for about six weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written diagnosis (C) and survey report on the actual condition of traffic accidents;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accident [the category 1] causing a traffic accident [the special person] and the element of mitigation of punishment (including a serious effort to recover damage): the proviso to Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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