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Reasons
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(영문) 인천지방법원 부천지원 2017.12.21 2017고단2046
교통사고처리특례법위반(치상)
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2017, the Defendant: (a) operated a 48-lane in front of the Hancheon-si, Seocheon-si, the U.S. nuclear power plant; (b) operated a motor vehicle on the KNR, thereby driving the motor vehicle on the right side of the KNR; and (c) installed a crosswalk in front of the place where the yellow-ray central line is installed; (d) thus, the motor vehicle driver is not a central line; and (e) the motor vehicle driver has a duty of care to safely drive the motor vehicle by taking into account whether there is a pedestrian or bicycle, and even if there was a duty of care to safely drive the motor vehicle in front, the Defendant, while neglecting this duty of care, caused the victim to suffer from an injury to the right side of the motor vehicle on the left side of the Defendant, by taking the victim into consideration the above part of the bicycle, such as the number of days in front of the motor vehicle on the left side of the road, and by allowing the victim to take the treatment of the motor vehicle on the left side of the Defendant, thereby allowing the victim to drive 6.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E (List 8);

1. A survey report (list 1), each medical certificate, etc. (list 9, 14, 16);

1. Application of relevant Acts and subordinate statutes of each photograph (list 2,13);

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Articles 4 (1) 2 and 4 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, Article 268 of the Criminal Act, and imprisonment without prison labor;

1. Article 62(1) of the Criminal Act on the stay of execution (a confession, reflectment, and criminal records of the same kind, and no criminal punishment has been imposed during the last twelve years, and a comprehensive motor vehicle insurance contract or agreement amounting to thirty million won is not imposed in the victim's side);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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