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(영문) 인천지방법원 부천지원 2013.08.30 2013고단1116
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a low-speed car.

On April 15, 2013, the Defendant driving the said car around 15:00, and driving the said car at a speed of about 50 km, depending on the two-lanes from the erogate of grain, the three-lane roads in front of the eroin apartment located in the erode of the two-lane in the city of Gyeonggi Kimpo-si.

Since there was an intersection where signal lights are installed, the defendant engaged in driving service has a duty of care to thoroughly drive the front left left and right door and safely drive the accident in accordance with the signals and prevent the accident from occurring.

Nevertheless, despite the suspension signal, the Defendant received the front right portion of the victim C(31 years old) driving car as the front part of the above low-speed car due to the negligence in the course of business, which is in contravention of the signal, even though the electric signal is a stop signal.

The Defendant, due to the above occupational negligence, suffered from the injury of the victim C, such as an injury to the large-term trauma streak, which requires approximately 12 weeks of medical treatment, and the injury of the victim E (the age of 59) who was accompanied by the Defendant’s car to the victim E (the age of 59) by a detailed unknown brain streak that requires medical treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. The actual condition survey report on traffic accidents, on-site photographs, and on-site photographs of the actual condition survey site;

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 facts constituting an offense;

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

1. Selection of alternative imprisonment without prison labor;

1. Although the negligence of the defendant who violated the signal signal under Article 62(1) of the Criminal Act is more severe, the degree of injury of the victim C is also more serious, the defendant is led to the crime of this case, the vehicle driven by the defendant is covered by comprehensive insurance, the vehicle driven by the defendant was agreed with the victim C, and the victim E is the wife of the defendant and the first offender.

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