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(영문) 인천지방법원 부천지원 2014.10.02 2014고단1755
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 of B gender car.

On March 26, 2014, the Defendant driven the above vehicle on March 26, 2016:40, and proceeded at about 65 km in the direction of the cultural and art distance from the direction of the city in the direction of the city, Seocheon-gu road.

Since the location is an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected to do so and even though the signal was changed to a stop signal, the Defendant was negligent in proceeding at the speed, and thereby, received the wheels of the victim C(30 years of age)'s driving of the victim C(30 years of age) to turn to the left in the direction of the distance of the rural village.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the string string of the shoulder string to the right side, and the string string of the off frame of the string.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. Application of the Acts and subordinate statutes to a traffic accident report, traffic accident report, each photograph, signal cycle table, diagnosis certificate, insurance coverage certificate, and insurance coverage certificate certificate agency;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. Scope of recommendation [decision of type] Sentencing for traffic crimes, general traffic accidents, injury by traffic accidents (type 1): Reduction elements of punishment not exceeding 6 months (limited to recommendation range] of imprisonment without prison labor;

3. Determination of sentence: Six months of imprisonment without prison labor; and

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