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(영문) 인천지방법원 2014.09.18 2014고단5000
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a B-Epurd vehicle.

On May 19, 2014, the Defendant driven the above car on May 15:10, 2014, and proceeded to turn the front road 910, Nam-dong, Incheon, Nam-gu, to back to the back side.

Since a crosswalk is installed, in such a case, the driver was found to be in the front of the right side of the above vehicle when the defendant neglected his duty of care to check whether the person engaged in the driver's duty was a person to wear the road by reducing the speed and by properly examining the right and the right and the right of the road, and even if the defendant had a duty of care to safely drive the road, he was found to have been in front of the above vehicle when the defendant was negligent in driving the crosswalk while neglecting it.

After all, the Defendant suffered injury to the victim, such as a pulmonary L2, which requires approximately 12 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Three copies of a report on the occurrence of a traffic accident, a report on actual condition, and a photograph;

1. Application of diagnosis certificates and reports on investigation (including the progress of investigation) Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. General traffic accidents, [1] Injury by traffic accidents;

(b) Persons with special punishment: Reduction elements (not subject to punishment);

(c) In general: Aggravation factors (in cases of serious injuries or other cases falling under the proviso to Article 3 (2) of the Special Education Act), mitigation factors (no motor vehicle comprehensive insurance policy or criminal punishment power shall be available);

(d) Scope of recommendations: Reduction area, one month to six months; and

3. Determination of sentence: Four months of imprisonment without prison labor, or one year of suspended sentence (or one year of reasonable circumstances) shall not have any criminal record;

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