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(영문) 인천지방법원 2015.03.26 2014고단9387
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 freight cars.

On October 23, 2014, at around 19:10 on October 23, 2014, the Defendant driven the above cargo vehicle, and made a turn to the left at a speed of about 30 km per hour from the direction of the sand control bamboo distance on the side of the epha, in front of the F-do road located in Seo-gu Incheon, Seo-gu, Incheon.

At the time, there is an intersection where signal lights are installed at night and at the front of that place, so the driver of the vehicle had a duty of care to reduce the speed of the vehicle and to safely drive the vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left in violation of the signal, and found and immediately operated the H-wheeled Vehicle by the victim G (39 years old) driving under the new code in the opposite part of the former part, but did not avoid it, but received the left part of the said E-wheeled Vehicle from the left part of the Defendant’s cargo vehicle.

After all, the Defendant suffered injury to the victim G, such as dysium, hysium, and hysium, which require approximately 13 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

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

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for the suspended sentence under Article 62 (1) of the Criminal Act [Scope of Recommendation] : The basic area (including special mitigation) (4 to 10 months), the basic area (including efforts to recover from damage) / Where a serious injury has occurred (one type) (one type) / the imprisonment without prison labor for 6 months and one year of suspended sentence;

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