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(영문) 인천지방법원 부천지원 2017.02.02 2016고단3330
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 K3 car.

On December 1, 2016, the Defendant again tried to drive the above car and drive it on the 10:55, and drive it on the 10:00,000, while driving it into the Do road in front of the Seocheon-si as the Do road from the private street protection area of the Chuncheon to the Do road.

The location is the place where traffic is controlled by signal, etc., and the signal of the crosswalk is permitted in the case of pedestrian signal, so there was a duty to safely proceed along with the signal and prevent the accident.

Nevertheless, the Defendant neglected this and driven by the Defendant D(53) of the victim D(53) who was frightened on the road on which the Defendant was frightened by his negligence in contravention of the signal, even though the signal on the above crosswalk was not a pedestrian signal.

E 110cc Oral part of the front part of the vehicle driving by the defendant was shocked into the front part of the vehicle driving by the defendant.

As a result, the Defendant suffered bodily injury to the victim due to the above occupational division and room, such as a scarcity which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions, an occurrence report, and a diagnosis report;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although Article 62-2 of the Criminal Act of the Order to Attend Education is considerably serious in injury to a victim on the grounds of sentencing, the following circumstances are taken into account: (a) the Defendant is against the Defendant; (b) the Defendant’s agreement was smoothly reached with the victim; (c) there was no criminal history other than a fine imposed once due to drinking driving; and (d) the Defendant’s negligence degree and circumstances after committing the crime.

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