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(영문) 인천지방법원 부천지원 2016.05.16 2016고단818
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 Switzerland car.

On February 15, 2016, the Defendant driven the above car at around 13:45 on February 15, 2016, and led to the speed of about 40 km from the 535-day long-distance side of the Incheon Seo-gu, to the flow of the road of about 5-lane 40 km along the speed of the 535-lane long-distance.

Since the signal, etc. is installed and traffic control is carried out, there was a duty of care to drive a person engaged in driving service in accordance with the signals.

Nevertheless, even if the Defendant neglected this and sent a left turn, the Defendant was negligent in entering the intersection by leaving it as is in contravention of the signal, and thereby making a left turn to the left in accordance with the new subparagraph in the direction of the right-hand drive of the Cheongbu District in the direction of the right-hand drive C (29 years old) by the victim C (29 years old) who drives the DNA-si car in the direction of the right-hand turn, and received the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as damage to the number of water that requires approximately 14 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to the site, tea photographs and medical certificates;

1. Relevant 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, the selection of imprisonment without prison labor, and the selection of punishment for a crime;

2. The sentence shall be determined as per the disposition, in consideration of the fact that the defendant's reasons for sentencing under Article 62 (1) (the following favorable circumstances) of the Criminal Act reflects his fault in depth, the fact that the defendant agreed smoothly with the victim, and the fact that there is a previous conviction of a minor fine and a single time, etc.

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