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(영문) 인천지방법원 2018.03.23 2018고단449
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 Cystren vehicles.

On December 16, 2017, at around 10:55, the Defendant made a left turn to the left the front of the E-cafeteria located in Incheon Strengthening-gun D to approximately 10km a speed of 10km from the Yuri-ri-ri side to the outside of the open-air terminal.

Since a crosswalk is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to check the right and the right of the road well and to drive safely.

Nevertheless, the Defendant neglected this and proceeded with the victim F(79) who crosses the crosswalk due to negligence while driving the crosswalk as it is, and the Defendant shocked the victim F(79) to the right pande in front of the rocketing motor vehicle.

Ultimately, the Defendant suffered injury to the victim during 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The G traffic accident statement;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a medical opinion;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence according to the sentencing guidelines - range of the ordinary traffic accident (the type of determination) No. 1 (the person causing a traffic accident) - The mitigated element: sources of punishment (including serious efforts to recover damage) - Where an injury occurs among the increased factors: (1) the basic area [the scope of the recommended sentence] [the scope of the recommended sentence] from April to one year of imprisonment without prison labor / [the person subject to general sentencing] - The mitigated element: the comprehensive motor vehicle insurance policy, serious reflectness, and the aggravation factor without criminal punishment - The aggravated element falls under the proviso to Article 3 (2) of the other special Acts of the Republic of Korea:

2. Whether probation is suspended (major reasons) - negative: Death or serious injury has occurred.

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