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(영문) 인천지방법원 2018.02.21 2017고단1914 (3)
교통사고처리특례법위반(치상)
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 a person who is engaged in driving the Cmbeer Scus fafolchis.

On November 16, 2016, at around 02:10, the Defendant proceeded at a speed of about 20 km from the apartment site for gold string the distance of 294 street to the art of Nam-gu, Incheon Metropolitan City.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the Defendant neglected this and got off the victim D(24 ) who was proceeding from the view side to the view side by negligence in violation of the signal, even though the ongoing signal was red, and got out of the part of the safety of the Defendant behind the truck.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as the injury of the unclaimed winter beer for the number of days of treatment, and the injury to the victim F (31) who is the passenger of the above Oral Baba, thereby causing approximately 14 weeks of the injury, such as the left-hand pelle pelle pelle, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written statement;

1. The survey report, each photograph, each diagnosis report, the notification of the results of traffic accident analysis, the application of statutes and opinions;

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "Suspension of Execution") causes a traffic accident that causes serious injury to the victims in violation of the signals, the defendant's responsibility is not weak

However, the fault of the victim in the accident of this case is also involved in the excessive driving, the defendant agreed smoothly with all victims after the accident of this case, and the defendant himself.

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