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(영문) 인천지방법원 2014.05.15 2014고단970
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger car in the amount of car B.

On January 7, 2014, at around 12:10, the Defendant was driving at the speed of about 50 km in the speed of 30 km road from the 3-dong-2-ri community hall of Samdong-ri, Samdong-ri, Incheon, which is the 26 overall city in front of the 3-ri city road to the 3-ri-dong-ri city, the Defendant was driving at the speed of about 50 km in the 30 km road by the agricultural bank. In such cases, the Defendant was driving a hond road around the city at the time, which is not clearly distinguished from the vehicular road and delivery. In such a case, the person engaged in driving a motor vehicle is obliged to thoroughly and slowly drive a cell-ri city with the duty of care to check the text of the cell phone so as to prevent the accident by driving the cell-ri city by negligence while neglecting the duty of care to prevent the accident by driving the cell-ri city at the right side of the Defendant driving vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A traffic accident occurrence report, a situation report, a traffic accident standing investigation report, and a photograph of the accident scene;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (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 types: [19] Traffic Offenses, General Traffic Accidents, and Type II (Death or Injury of Traffic Accidents);

(b) Persons with special punishment: Reduction elements (not subject to punishment);

(c)general life-sustaining persons: mitigation factors (automobile comprehensive insurance).

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