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(영문) 인천지방법원 2020.02.06 2019고단8392
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On October 15, 2019, the Defendant driven the above vehicle at a speed of about 30 km from October 15, 2019 to turn to the left at a speed of about 30 km per hour among the seven-lanes in the direction of Songdo-do-ro, Yeonsu-gu, Incheon.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the Defendant neglected this and went to the left due to the negligence of violating the signal, and received the part of the victim FF (25 years old) driving G K3's front gate from the victim F (25 years old) driving to cross-section in the direction of E apartment in the direction of E apartment.

Ultimately, the Defendant suffered injury to the victim F by occupational negligence in light of the following: (a) at the same time, the Defendant suffered injury to the victim H (V) who was on the top of the light of the said K3-car car, and was on the top of the light of the said K3-car car; (b) at the same time, the Defendant suffered injury to the victim H, who was on the top of the 12-day passenger car, due to the unknown details of the chain frame that requires approximately 12 weeks medical treatment

Summary of Evidence

1. Statement by the defendant in court;

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 a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. Alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury [the special person] of traffic accident - the mitigation element: the punishment range (the scope of the recommended area and the recommendation range] reduction range, the imprisonment without prison labor from one month to eight months [the general person] mitigation element:

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