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(영문) 인천지방법원 부천지원 2016.04.28 2015고단3169
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 also a person who is engaged in driving a car.

On February 11, 2014, the Defendant driven the above car at a speed of 03:00, and proceeded at a speed of about 70 km from the new driving distance range to the high driving distance range of 70 km in order to keep the road at a speed of 0.6 km to the speed of about 72.4 km from the two-lanes.

At the time of night, the view was set up at the front door, and the crosswalk was installed at the front door, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating the front door and the right and the right and the right and the right and the right and the right and the right and the right of the vehicle driver.

Nevertheless, due to the negligence that the Defendant neglected his duty at the front of the road and proceeded as it is, the Defendant received the right side of the victim F (52 tax) who illegally crossed the road from the left side of the bend of the bend road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as brain damage, mathy disability, etc. which makes it impossible to lead a daily life due to brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents and results of analysis of traffic accidents;

1. A certificate of disability;

1. Application of the relevant Acts and subordinate statutes to each photograph (list 3,5);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence under Article 62(1) of the Criminal Act are the favorable circumstances of the defendant (i.e., confession, reflectivity, first offense, subscription to motor vehicle comprehensive insurance, and the degree of negligence of the victim is not small, and the defendant's wife and children do not want the defendant's punishment by mutual agreement, and they do not want the defendant's punishment) and unfavorable circumstances (i.e., so-called plant human condition was missing, so the victim's consciousness has not been recovered for up to two years from the date of

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