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(영문) 인천지방법원 2018.11.08 2018고단6791
교통사고처리특례법위반(치상)
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 engaged in the operation of the EXE car.

On August 31, 2018, the Defendant driven the above car at around 08:25, and driven the road of six-lanes in front of Seo-gu Incheon, Seo-gu, Incheon, along six-lanes from the hyd Salk Salk to the west west 3-lane.

Since there are crosswalks where signal lights are installed and bicycle crossings, in such cases, there was a duty of care to check whether a person engaged in driving a motor vehicle is a person or a bicycle, and to safely drive a motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and proceeded with the vehicle driving signal, disregarding the change of the vehicle driving signal to the stop signal, and caused the Defendant to suffer injury, such as the upper left body flabing the body shut down, which requires approximately 10 weeks treatment, by being a bicycle driven by the victim D (the age of 32) to the left side of the running direction of the said vehicle along the bicycle crossing route.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: From one month to five years of imprisonment without prison labor;

2. Scope of the recommended punishment according to the sentencing guidelines (the type of determination), traffic crimes, general traffic accidents, and Type 1 (Bodily Injury resulting from Traffic Accidents) (the person subject to special sentencing): No penalty is imposed (the scope of the recommended punishment) (the scope of the recommended punishment). From January to August (the area of mitigation);

3. Determination of sentence: The defendant's person who has sustained injury to a victim in violation of the vehicle signal in April of imprisonment without prison labor and the accident of this case for one year of suspended execution.

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