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(영문) 인천지방법원 2013.12.23 2013고단4953
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that 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 CCA110 Obba.

On July 11, 2013, the Defendant driving the Otobaon around 20:45, and driving the training-dong 578, Yeonsu-gu, Incheon, pursuant to one-lane from the long distance to the front three-distance from the Central Elementary School.

At the time, it is night and its location is installed with the center line of yellow-ray, so a person engaged in driving service has a duty of care to thoroughly operate the front-time and to safely operate the car line.

Nevertheless, when the defendant neglected to commit a crime with the central line, he was driven by the victim D(39 years of age) who passed along one-lane distance from the boundary of the Red Cross Hospital in the opposite part of the Mala Mala Mala Mala 110 that he was driven by the victim D(39 years of age).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury to the left-hand side of the 3rd part, which requires a medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant's age is the first offender, the fact that the victim was treated through the liability insurance or industrial accident compensation insurance, the fact that part of the damage was deposited, etc., and the fact that the victim commits an error

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