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(영문) 인천지방법원 2013.07.11 2013고단509
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years 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 CM5 car.

On August 26, 2012, the Defendant driven the above car at around 02:58, and proceeded at about 40km in speed from the 4-lane of the offside of the car in Incheon Gyeyang-gu to the 3-lane of the offside of the offside of the car in the direction of the operation of Gyeyang-gu Incheon.

A driver of any motor vehicle shall have the duty of care to not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course.

Nevertheless, the Defendant neglected to do so and failed to secure the necessary distance to avoid the collision with the said so-called vehicle even though the E-TW car driven by D along the two-lanes of the above roads, and due to the negligence of changing the course into two-lanes as it was, the Defendant received the fronter and fences of the above so-called vehicle into the left side of the said SM5 vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim F, who was a passenger of the car at the same time, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and suffered injury to the victim G, such as a closed dynasium, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that the defendant is the first offender who is under the age of 19 years on the side with no criminal power

1. Social service order under Article 62-2 of the Criminal Act;

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