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(영문) 인천지방법원 2016.09.28 2016고단4348
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 driving of Lone Star or Gohap.

On June 8, 2016, the Defendant, as in the Seo-gu Incheon Seo-gu, Seo-gu, Incheon around 08:27, proceeded with the intersection of the private distance from the front apartment of the treatment Motor Vehicle at the underground side to the family apartment from the underground roadway.

Although the signal on the front side was sent to the above intersection before the entry, the defendant was due to the negligence of entering the intersection in violation of the new subparagraph and immediately going straight, and the part of the victim D(61 )'s left side side of the victim's E (61 ) driving, which was going straight toward the right side of the defendant's right side in accordance with green signals, was directed toward the direction of the right side of the defendant's side.

Defendant 1 suffered injury to the victim, such as a brush in need of approximately 14 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents of Type 1 (Bodily Injury by Traffic Accidents) [No person subject to special sentencing] [Determination of sentence] - Reasons for favorable circumstances: Primary, General Insurance Subscription, Deposit of KRW 5 million for the victim - Deposit of KRW 5 million for the victim - Unfavorable circumstances: the fact that the defendant was negligent, the degree of damage to the victim was considerably significant, and the victim did not agree with the victim;

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