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(영문) 인천지방법원 2016.01.14 2015고단7182
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 a period of 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 Cenz motor vehicle.

On October 6, 2015, at around 08:26, the Defendant proceeded at a speed of about 40 km per hour from the west-ro, Namdong-gu, Incheon, Namdong-ro, 209, to the front distance intersection of the 209 road at the west-ro, south-gu, Incheon.

Since the location is a private road crossing and a lot of vehicles passing through, the defendant, who is engaged in driving a car, has a duty of care to prevent accidents by driving the car at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are maintained normally.

Nevertheless, the Defendant was negligent in driving a stroke while breaking the central line, and was negligent in operating the stroke, and the front part of the victim D(36 tax) driving in the front line of the signal signal at the center line was received as the front part of the Defendant’s car.

Ultimately, the Defendant suffered from the victim’s occupational negligence at the bottom of both the bones of self-harm and the bones of labor, which require approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes (D);

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [typed Decision] : Category 1 (Bodily Injury resulting from Traffic Accidents) [Special Sentencing] - [including a serious effort to recover damage] / [Determination in the sphere of recommendation] mitigation area / [the scope of recommendation] one month to six months / [the scope of recommendation / General Sentencing] - half that has taken out automobile comprehensive motor vehicle insurance - In case of serious injury that is not an injury among aggravated factors (one type) and other special teachers’ proviso of Article 3(2) of the Act.

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