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(영문) 인천지방법원 2014.06.11 2014고단1358
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA XG car.

On December 5, 2013, the Defendant driven the said car on December 23:06, and proceeded two lanes from the calculated three streets to the operational station at a speed of about 108 km from the calculated three streets, which is located in 987-18, Gyeyang-gu, Incheon Gyeyang-gu.

At this point, the signal of the intersection was installed and there was a limit of speed of about 60 km per hour, so in such a case, the person engaged in driving service has a duty of care to safely drive in accordance with good faith by maintaining the speed limit.

Nevertheless, the Defendant neglected this and received a part of the right-hand side of the victim E(18 years old) driving, which was proceeding on the right-hand side in accordance with the left-hand turn turn turn from the front part of the said car to the right-hand side by negligence in violation of the signal at a speed of about 108 km at a speed of speed as above.

Ultimately, the Defendant suffered injury to the victim, such as a combination of 16 weeks of preferential treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of H and I;

1. Notification of traffic accident analysis results;

1. Trackboxes, video images, field photographs, etc.;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] is the category 1 (the injury caused by a traffic accident) and the area of special aggravation ( August to February and March) (the specially under special circumstances] is serious, and the illegality in the proviso to Article 3 (2) of the Special Education Act is serious (the grounds for two or more provisos).

2. The degree of negligence caused by the accident while the defendant's decision on the sentence violated the signal in an excessive manner, and the age of the accident in this case.

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