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(영문) 인천지방법원 2014.07.24 2014고단3100
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA vehicle.

On February 23, 2014, the Defendant driven the above vehicle at around 11:40, and moved to the speed of 109 km from the direction of the Human Resources Development Institute to the Incheon Airport at the speed of 49 km, which is located in 497, from the usage route of Jung-gu, Incheon.

Since the location is 60km per hour, a person engaged in driving service has a duty of care to operate safely by thoroughly and complying with the speed limit.

Nevertheless, the Defendant neglected to do so, and was negligent in driving at a speed exceeding 49 km per hour, and caused the front part of the Defendant’s driving vehicle to shock the road, and crashed outside the road.

Ultimately, the Defendant caused the victim E (V, 33 years of age) who was on board the front line due to the above occupational negligence to suffer approximately 20 weeks of high-speed booms, which requires the left-hand medical treatment, and the victim F (V, 29 years of age), who was on board the back seat, to undergo approximately 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Notification of the results of the actual traffic accident investigation report, on-site photographs, and traffic accident analysis report;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with more serious criminal situation);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determinations: [19] Traffic, General 01.0

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