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(영문) 인천지방법원 2014.09.25 2014고단5120
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle B.

On June 8, 2014, the Defendant driven the said car on June 21:23, 2014, and driven the front road of 805 open licensed real estate agents (Woo-dong) at the Seo-gu Incheon Metropolitan City Gyeongwon, at the speed from the right edge to the distance of the passengers.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the signals, because the signal, etc. is installed.

Nevertheless, the Defendant neglected this and received the victim C (56 years old) who cross the crosswalk from the left side to the right side in accordance with the pedestrian signals by negligence, which was immediately due to the fact that the vehicle driving signal was sent to the left, as the front part of the car.

Ultimately, the Defendant suffered injury to the above victim, such as the return of felbage, which requires approximately 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A fact-finding survey report, a report on the early action against the scene of a traffic accident, a field map, a site photograph, and a vehicle photograph;

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

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

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) Special person sentenced to punishment: Reduction elements (not subject to punishment), aggravation factors (where illegality in the proviso to Article 3 (2) of the Specialized Education Act is serious);

(c) In general: Reduction factors (in case of an injury which is not a serious injury), increase factors (in case of an injury which is not a serious injury), or decrease factors; and

(d) Scope of recommendations: Basic sphere, April to October.

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