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(영문) 인천지방법원 2017.02.01 2016고단7968
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 a third party car.

On September 9, 2015, the Defendant driven the above vehicle at around 02:16, and led the Defendant to turn to the left at the right-hand shift from the right-side to the right-side side of the long-distance intersection of the road operation station of 671, Incheon Gyeyang-gu, Incheon.

It is an intersection, and it is at night at the time, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to properly manipulate the front and rear left and left, and to prevent an accident by properly manipulating the brake system, steering system, etc.

Nevertheless, the Defendant neglected this and caused the left turn due to the negligence of failing to make a left turn in violation of the signal and, after the collision with the part of the driver's seat in the front part of the Defendant's vehicle, continued to conflict with the front part of the Defendant's vehicle with the part of the victim F (the 42-year-old vehicle).

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as sugars without any wound in the open two areas requiring approximately 3 weeks of medical treatment, injury to the victim H who boarded the back seat of the said D driving vehicle for about 2 weeks of medical treatment, injury to the victim F of T 3 and T 4, such as thire of T 3 and T 4, requiring approximately 12 weeks of medical treatment, and injury to the victim I who boarded the above F driving vehicle for about 14 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Written statements of J, H and D;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 of the Criminal Act:

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