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Reasons
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(영문) 인천지방법원 2015.12.09 2015고단6059
교통사고처리특례법위반
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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 vehicles C.

On August 18, 2015, the Defendant driven the above vehicle at around 10:29, and led the Defendant to take a step in front of Incheon Gyeyang-gu D.

In such cases, the driver has a duty of care to check the safety of the course and to check the safety of the future.

Nevertheless, the defendant neglected this and did not discover the victim E (10 years of age) who walked on the right side of the aftermath, and did not discover the victim E (10 years of age) on the left side of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as minculization of the left fluoral executives who need approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] The basic area (4 to 10 months) of the first type of traffic accident (the injury caused by traffic accident) [No special person] [Pronouncement Decision] - favorable normal circumstances: The fact that there is no previous violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, there is no previous violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, deposit of KRW 5 million for the victim, and deposit of KRW 5 million for the victim - Unfavorable circumstances

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