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(영문) 인천지방법원 부천지원 2016.11.03 2016고단2223
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CAR car.

On May 18, 2016, the Defendant driving the upper vehicle around 20:00 and driving along the front side of the E industry company D at Kimpo-si along the three-lanes from the reinforcement side to Seoul.

In proceeding with reinforcement, the front part of the driving Galtob was the front part of the victim F(F, South, 40 years old) driving Galtoba, who was going to the right side of the above Aaltoba while violating the signal while neglecting the duty of the front left-way, and her left-hand turn due to the occupational negligence of the center line, she violated the signal while he neglected the duty of the front left-way.

As a result, the defendant suffered from the victim's negligence in the above business so that he suffered from the victim's abundance to the left-hand side in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (victim telephone investigation);

1. The actual survey report, the report on the occurrence of a traffic accident, and the medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 2, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution of General Traffic Accidents [Case 1] where there is a serious injury [Case 8-2] [Determination of Sentence ] The sentence] When the crime of this case causes serious injury to the victim, the victim may suffer serious injury and impede his service, and there is no agreement with the victim. Considering the fact that the defendant reflects his mistake, the defendant is living in good faith without criminal records since the age of the defendant and since 1999, the amount of insurance money equivalent to approximately KRW 50 million has been paid to the victim with comprehensive insurance signed by the defendant, it is difficult to provide family convenience, and all other circumstances such as the degree of negligence of the defendant, character and conduct, family relationship, and circumstances after the crime, etc., the sentence as ordered shall be determined as per Disposition.

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