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(영문) 인천지방법원 2015.04.01 2015고단510
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a B knife vehicle.

On November 26, 2014, at around 20:15, the Defendant proceeded at a speed of about 30 kilometers a speed of 30 kilometers a speed, depending on the two-lanes in the direction of smallpo-gu in the direction of smallpo-gu, Incheon Metropolitan City.

At night, the above place was installed and operated in a densely-populated place, where the passage of other vehicles was frequent, as well as where the center line was installed and operated with yellow solid lines, and thus, the person operating such a place was obliged to pay attention to prevent traffic accidents by properly operating the steering gear and brakes.

Nevertheless, while the defendant neglected this, he was driven by the victim E (the aged 38) who was driving along one lane in the opposite direction from the occupational negligence that fCA110 U.S. driving along the middle line to turn left at the right edge of the said road while driving on the said road, and was driven by the victim E (the aged 38) with the front side of the said fCA110 U.S. car.

As a result, the Defendant suffered injury, such as flaver electronic mination of flavers, which requires approximately 12 weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report and diagnosis report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] of the sentence under Article 62(1) of the Criminal Act [the grounds for sentencing] of the general traffic accident category 1 (the scope of recommendation] (1 to 6 months) (including special mitigation), the area of mitigation (including efforts to recover from damage), the area of punishment not (including efforts to reduce damage) [the decision of sentence] of the defendant.

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