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(영문) 인천지방법원 2020.05.04 2019고단8484
교통사고처리특례법위반(치상)
Text

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

except that 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 sports B car driving duties.

On October 12, 2019, the Defendant, at the intersection of Yeonsu-gu Incheon Metropolitan City, proceeded at a speed of 41 to 50km/h along three-lanes from the coast road to the coast of D University, at the intersection of the building C, Yeonsu-gu, Incheon Metropolitan City.

Since there is a place where a signal at the intersection is installed, the driver has a duty of care to prevent the accident in advance by driving safely according to the new code.

Nevertheless, the Defendant neglected this and neglected to stop the signal at the front section of the truck driving by the Defendant, which was driven by the victim F (F.M. 53 years old) driving in the direction of the four intersections in the E room by negligence while driving the signal at the front section of the truck driving by the Defendant.

Ultimately, the Defendant caused the victim FF to suffer a 12-day framework of T3 and T4 parts, which require the victim F to receive approximately 12 weeks of medical treatment, and caused the victim H, who took advantage of the said A-Wurn-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed vehicle, to suffer an acute pressure 10 times in a chronological 10-day period of medical treatment

Summary of Evidence

1. Defendant's legal statement;

1. The police statement with respect to F, and H’s written statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the 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 an alternative imprisonment without prison labor (the details and circumstances of the crime of this case caused by the violation of signal signals, and the injury of victims, degree, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that vehicles of the accused are subscribed to the Financial Cooperative and agreed with the victims, and that they do not have any criminal record other than fines in the last twenty years);

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