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(영문) 인천지방법원 2016.10.05 2016고단4798
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On May 17, 2016, the Defendant driven the above cargo vehicle around 14:05, and driven at a speed of about 63 km at a speed of about 63 km in the north-ri direction on the west-do 833-ro, Mapo-gun, Incheon, Mapo-gun. On the Ypo-gun road, the Defendant driven at a speed of about 63 km in the north-ri direction from the Ypo-gun, Jeju, Jeju, and led the Defendant to overtake the electric car in front of the same direction.

In this case, the driver has a duty of care to check whether there are vehicles and left-hand turn driving on the opposite lane while accurately operating the steering direction and operation system by thoroughly operating the front section, the left-hand turn, and the driver has a duty of care to safely check whether there is a vehicle driving on the opposite lane.

Nevertheless, the Defendant did not properly go beyond the opposite lane and tried to turn to the left while driving ahead of it as it is, and did not go to the left, the back part of the left side of the Jeondong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of traffic accident analysis, such as a traffic accident report (1) on the actual condition survey report, a traffic accident report (2) on the actual condition survey report, on-site photographs;

1. Application of Acts and subordinate statutes of a death 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. Reasons for the suspended sentence of Article 62(1) of the Criminal Act [the scope of recommendations] for the sentencing of Article 62(1) of the Criminal Act [the grounds for the suspended sentence] general traffic accidents [the scope of recommendations] and the area of mitigation (4 to 1 year), [including special mitigation], the area of mitigation (including efforts to recover from damage] (the decision of sentence], and favorable circumstances: the initial crime, the general insurance, and the general insurance.

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