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(영문) 인천지방법원 2015.04.08 2015고단575
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year 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 C High Class III cargo vehicles.

On December 17, 2014, at around 11:34, the Defendant made the left-hand turn to the left-hand turn at the right-hand turn, depending on one-lane from the area of the Love Meeting of the Do Do Do Do Do Do Do dong-gu, Incheon.

Since a crosswalk is installed, in such a case, there was a duty of care to check whether a person engaged in driving duty has a road to reduce speed and to check the right and the right and the right of the road well and to drive safely.

Nevertheless, due to negligence of neglecting this, the victim F(n,00 years of age), the victim G(29 years of age) was able to build the crosswalk, and the victim G was able to go beyond the future.

Ultimately, the Defendant suffered injury to the victim G by negligence in the course of performing such occupational duties, such as salt, tension, etc. of the bones of neck, which requires approximately 4 weeks of medical treatment, and injury to the victim F, such as blood under the head open in need of medical treatment for about 12 weeks, due to the injury of the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report and photographs of harming vehicles;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture [Scope of Recommendation] General Traffic Accidents in Type 1 (Death resulting from Traffic Accidents) [Special Mitigation] (including efforts to recover from traffic accidents), the area of mitigation (1 to 6 months), the area of punishment not (including serious efforts to recover from damage] [Pronouncement Decision] - favorable circumstances: the first offense, confession, subscription to a comprehensive insurance contract, agreement with victims, and unfavorable circumstances: mobile phones during driving.

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