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Reasons
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(영문) 인천지방법원 부천지원 2019.05.31 2019고단390
교통사고처리특례법위반(치상)
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Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for 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 low-speed car B.

On July 21, 2018, the Defendant, around 20:05, proceeded with the front road of Seocheon-si C from Seocheon-si basin to D Hospital Myeon.

At the time, it is night and a road where a center line is installed, so in such a case, the driver of the motor vehicle has a duty of care to prevent the accident by driving the motor vehicle safely by checking well the left and right of the front.

Nevertheless, the Defendant neglected this and stopped the part of the F-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant suffered from the victim E by negligence in the above occupational negligence the injury of salt, etc. in need of a stable price for about two weeks, and the injury of the right spane, which requires a stable price for about eight weeks, to the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to G and E;

1. Report on the actual condition of survey, photographs, and the occurrence of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the suspended sentence of punishment under Article 62(1) of the Criminal Act [the scope of recommendation] [the grounds for sentencing] provided by Article 62(1) of the Criminal Act and there is no basic area (4 to 1 year) (the person causing a traffic accident) (the special person) [the decision of sentence].

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