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(영문) 인천지방법원 2018.01.26 2017고단8674
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 the case 5 car.

On July 21, 2017, the Defendant driven the above car at around 10:45, and led to the intersection of 11-lanes of the traffic park at the 11-lanes from the south-gu Incheon Metropolitan City culture to the 30-40km each hour along the two-lanes from the side of human life.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to reduce speed and to live well before the road, while driving safely according to the traffic signals in advance.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle stop signal to the right side of the victim C (34 S) who was driving on the right side from the left side of the Defendant’s proceeding by negligence while driving it, and received the front side of the right side of the victim C (34 S) from the Defendant’s above 5 passenger car.

Ultimately, the Defendant suffered injury to the victim, such as the mouths at the bottom of the Bridge, which was accompanied by a non-alleys that require approximately 12 weeks of treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as site and image closure photographs;

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 choice 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. The scope of the recommended sentence according to the sentencing guidelines [the type of determination] the scope of the ordinary traffic accident [the person who is in charge of special sentencing] - the mitigated element: the mitigated element (including serious efforts to recover damage): [the scope of the recommended sentencing] the area of mitigation [the scope of the recommended sentence] January to August of the credit cooperative [the person who is in charge of general sentencing] - the mitigated element: the purchase of comprehensive motor vehicle insurance, the serious reflective element - the aggravated element:

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