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(영문) 인천지방법원 2015.01.22 2014고단8443
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of Crain cars.

On October 14, 2014, the Defendant driven the above car on October 14, 2010, and driven it on the side of the Bupyeong-gu Incheon Metropolitan City, 333 Samsan-ro, from the side of the Busan Middle School.

Since there was an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident in advance according to the new code.

Nevertheless, the Defendant neglected this and got the front part of the victim D(the age of 46) driving to the Young-ray High School on the side of the Sugsan Sal Road by negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the victim, such as the 12-day pressure pressure pressure, etc., which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents, photographs, and investigation reports ( telephone conversations concerning signals of actual condition survey reports);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (2) 1 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts. 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. Determination of sentence: Violation of Defendant signal and the injury committed by the victim, committed for six months in the course of imprisonment without prison labor or two years in the suspension of execution (limited to reasonable circumstances) and committed an offense, reflectiveness, subscription to motor vehicle comprehensive insurance, victim who is not subject to punishment, the same kind of punishment or suspended execution or more;

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