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(영문) 인천지방법원 2015.02.04 2014고단8889
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 motor vehicle of C New Zealand X-D.

On October 25, 2014, the Defendant driven the above car at around 13:57, and proceeded at a d-lane near the E-lane D in Bupyeong-gu Incheon Metropolitan City along the five-lane roads near the Bupyeong-gu Incheon Metropolitan City, the Defendant was driving from the d-lane of the Gu mountain street to the d-section of the Incheon large Park, and the Defendant was moving to the right by the right by the right by the right by the right by the right by the right by the right

At all times, the crosswalk is installed in the front of the crosswalk and the victim F (the age of 62) passed the crosswalk, so in such a case, the driver of the vehicle was obliged to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the Defendant neglected to do so and got the victim to go beyond the floor due to occupational negligence on the back of the front side of the said passenger vehicle by taking the side of the victim's left side bridge.

Ultimately, the Defendant suffered injury, such as a cage cage cages, which requires approximately 10 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Photographs;

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. Not subject to punishment for the mitigated area (one to six months) (special mitigation) of the first category, general traffic accident, the scope of which is recommended, shall be limited;

2. The punishment shall be determined in consideration of the defendant's age, character and conduct, environment, etc., and other various sentencing factors, such as the fact that the defendant's negligence is not minor, but is part of the victim's injury. However, the above special mitigation factors and reflects on the victim, the fact that the vehicle is covered by a comprehensive insurance, the primary offender, and other factors of sentencing.

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