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(영문) 인천지방법원 2015.12.17 2015고단6553
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 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 of Broscom.

On October 5, 2015, at around 14:55, the Defendant driven the above vehicle on the front side of the 160 Bupyeong-gu Incheon Seo-gu Manju 1 Complex 1, Bupyeong-gu, Incheon, and turn to the left at a speed of about 10 kilometers per hour from the side of the Samsan World Sports Complex.

At all times, the left turn of the non-protective zone is the intersection and the crosswalk is installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front, left and right sides.

Nevertheless, the Defendant neglected to do so and went along as it is, due to the negligence of the Defendant’s driving, received from the right side of the road, the front part of the road that the Defendant is driving on the left side of the road of the victim C (W, 74 years old) who walked on the crosswalk from the right side of the road of the Defendant.

Ultimately, the Defendant suffered from the injury of the victim, such as the mouths at the bottom of the Bridge and the Bridges, which require eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of a traffic accident and the report on a traffic accident;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing of Article 62-2 of the Criminal Act [Determination of Punishment] under Article 62-2 of the Order to Provide community service and attend lectures [Determination of the recommended field of traffic accident] Basic field [Scope of Recommendation] April to October] / [The scope of Recommendation] 4 to 10 months [general person] - Band nature of automobile comprehensive insurance for mitigated factors - Where serious injury, other than serious injury, occurs (one type) / Other cases falling under the proviso of Article 3(2) of the Order to Attend (Scope of Punishment): Article 3 of the Special Education Act.

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