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(영문) 인천지방법원 2014.11.06 2014고단5844
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 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 a passenger vehicle BM3 vehicle volume.

On July 9, 2014, the Defendant driven the above vehicle on July 16:42, 2014, and led the front road of the 804 Incheon High School Sports Center at the Seo-gu Incheon Metropolitan City Gyeongwon to the distance of the engineer from the right edge distance.

Since there are crosswalks where signal lights are installed, a person engaged in driving service has a duty of care to live well in the front door according to the new code.

Nevertheless, the defendant did not find out the victim C (69 years of age, female) who was standing on the left side from the right side of the direction of the proceeding, due to the sudden negligence in violation of the signal, and did not see the victim C (69 years of age, female) and shocked the top half of the victim's left side by the front part of the vehicle of the defendant.

결국 피고인은 위와 같은 업무상 과실로 위 피해자로 하여금 약 12주간의 치료를 요하는 엉덩뼈의 골절, 좌 천장관절 및 두덩뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the victim against C;

1. The actual survey report, on-site photographs, and vehicle photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. General traffic accidents, [1] Injury by traffic accidents;

(b) Special person sentenced to punishment: Reduction elements (not subject to punishment), aggravation factors (where illegality in the proviso to Article 3 (2) of the Specialized Education Act is serious);

(c) General person who has been sentenced to mitigation elements (the comprehensive motor vehicle insurance, no power to punish him/her, relief measures after an accident, serious radius), and aggravated factors (the injury of a victim);

(d) Scope of recommendations: Basic territory, April to October; and

3. Determination of sentence:

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