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(영문) 인천지방법원 2017.03.29 2016고단8701
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 a dump truck.

On September 1, 2016, around 10:12, the Defendant, while driving a road of five lanes in front of Seo-gu Incheon Metropolitan City, along one lane, was making a U.S. internship in order to proceed to the opposite lane after stopping in accordance with the new subparagraph.

The driver of a motor vehicle has a duty of care to prevent accidents in advance because he/she is not a U.S. at a place where the center line of yellow solid lines is installed, while driving the motor vehicle in a way that the driver of a motor vehicle is permitted to a U.S., and is safe to check the left and left well.

Nevertheless, the Defendant neglected this to proceed to the U.S. permitted section, but did not proceed to the U.S. left the center of the yellow real line, thereby driving the victim D(61) with two lanes from the opposite direction due to the negligence of the U.S. yellow real line.

E-si was received from the front part of the dump truck.

Ultimately, the Defendant suffered from the above occupational negligence to the victim D, such as the cage of cage cages that require approximately 4 weeks of medical treatment, and to the victim F (24 tax) who is the above taxi driver, approximately 16 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigation report (case concerning statements made by victim F);

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

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against F with a more severe criminal situation among each of the above crimes);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., are as cargo drivers, and the U.S. is allowed to make a U.S. intern, even though they should comply with the traffic-related laws and regulations.

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