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(영문) 인천지방법원 2016.03.24 2015고단7421
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a rocketing car.

On July 31, 2015, the Defendant driven the above car at around 02:10, and got to turn to the left the door of the glar apartment at the front of the 's 24-lane apartment' which is located in the Nam-gu Incheon Metropolitan City, Nam-dong 24-dong, Nam-gu.

At the same time, signal lights have been installed on the front door, so in such a case, the driver of the motor vehicle had a duty of care to live well on the front door and the left and right, and to safely drive the motor vehicle in accordance with the new code to prevent the traffic accident.

Nevertheless, the Defendant neglected this and did not discover the Daoba of the victim C (28 S) driving, which was proceeding in the opposite direction by occupational negligence while the left turn was sent by the signal of the front side signal, and received the front wheel part of the damage Oral wave with the front right part of the Defendant’s car.

Ultimately, the Defendant caused the above C’s negligence on the part of the lower part of the lower part of the instant land, which requires approximately four weeks of medical treatment, and the injury of the lower part of the lower part of the instant land, which was incurred by the Defendant to the lower part of the lower part of the instant 12 weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to field map and field photograph;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Republic of Korea is that the Defendant is driving who followed the traffic signal while making a left turn in violation of the signal at an intersection where traffic laws and regulations are required, rather than any place.

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