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(영문) 인천지방법원 2014.07.16 2014고단3099
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 is engaged in driving a bus in the case of fishing in C New Airport.

On April 14, 2014, the Defendant driven the above bus at around 06:20, and came straight at a speed of about 60km at a speed of about 60km per three lanes depending on three lanes from the west-dong, Jung-gu, Incheon to cross-road of 66 kilometers.

Since signal lights are installed on the front door, the person engaged in driving service has a duty of care to reduce speed and to take the front door well, while driving safely according to traffic signals in advance to prevent accidents.

Nevertheless, the Defendant neglected this and went straight to a stop signal, and was given the front portion of the Defendant’s vehicle, which was driven by the victim D(52 years of age) driving in the direction of the right GS Construction site in the direction of the direction of the proceeding.

As a result, the Defendant caused the victim to suffer injury, such as the right-wing frame, which requires treatment for about 8 weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type I (Bodily Injury resulting from Traffic Accidents) of general traffic accidents in the area where the mitigation area (one to six months) is mitigated;

2. Determination of sentence: (a) the above sentence shall be imposed in consideration of various sentencing conditions, such as the Defendant’s negligence, the same type of punishment power; (b) the above special sentencing factors and reflects on the other hand; (c) the vehicle is insured by the Financial Cooperative; (d) the vehicle has no record of punishment after 191; and (e) the Defendant’s age, character and conduct, and environment.

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