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(영문) 인천지방법원 부천지원 2018.09.07 2018고단1519
교통사고처리특례법위반(치상)
Text

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

The defendant is a person who is engaged in driving a low-priced car.

On May 4, 2018, the Defendant driven the above car at around 02:00 and proceeded with one lane of the front road of Chuncheon at the south high-speed level, and became a U-turn at the long distance of Chuncheon.

Since there is a place where traffic control is performed by signal apparatus and a U-turn is allowed only at the time of the pedestrian signal and left-hand turn, there was a duty of care to make a U-turn according to the new code.

Nevertheless, the Defendant suffered from the victim D (55)’s front part of E-si driving, which had been conducted in accordance with the care of the victim D (55) on the south-side surface from the outside of the sports complex where the Defendant was negligent in occupational negligence in violation of the direct line signals, by taking the front part of the Defendant’s driver’s vehicle, and due to the shock, the victim F (31 years old), who is the passenger of the above taxi, suffered from the victim G (29 years old) with approximately 6 weeks of crym, in which approximately 3 weeks of treatment is required for approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. G statements;

1. An investigation report on the actual condition of a traffic accident, a photo at the scene of an accident, or a photograph of a black stuff;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 50 (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The basic area (4 months to one year) (the person causing traffic accidents) is nonexistent.

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