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(영문) 인천지방법원 2020.12.03 2020고단7472
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 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 motor vehicle B.

On June 13, 2020, the Defendant driven the above car on June 20, 200:50, and proceeded at the speed of 50km from the side of the Bupyeong Library to the speed of 50km along the three-lanes in front of the Dju station in Incheon Bupyeong-gu, Incheon.

On the other hand, since there is a crosswalk where signal lights are installed at the front door, it was confirmed whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to see well the front door, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to change the signal to the red light, etc., which is a stop signal, while proceeding as it was, the Defendant got the victim E (the age of 27) to the front, front, and rear-down of the car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the completion of the upper part of the left-hand body in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. Application of the Act and subordinate statutes related to storage CDs, such as diagnostic certificates and images involved in accidents;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accident [the category 1] and the injury [the special person] mitigation element of traffic accident: In cases of aggravation of punishment (including serious efforts to recover damage): The recommended area and the recommended area where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious.

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