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(영문) 인천지방법원 2014.04.10 2013고단7994
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of Bsch Rexroth car volume.

On October 11, 2013, the Defendant: (a) driven the above vehicle at around 14:15, and proceeded at a speed of about 30 to 40km of the speed 2nd road at the speed of 30 to her speed at the speed of her speed, depending on the two-lane road from the front side of the Dong-ri Green Home, which is the crew of the Incheon Strengthening-gun, the Defendant: (b). In such a case, a person engaging in driving a motor vehicle has a duty of care to walk up the center line and not to turn to the left; (c) even though the person engaged in driving a motor vehicle has a duty of care to walk up the center line to enter the Green Home; (d) the victim C (39 years of age) driving the front part of the motor vehicle, which was proceeding from the front side of the motor vehicle of the Defendant, was able to receive the victim as even the upper part of the front part of the motor vehicle of this case, and was closed for about 14 weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site map of a traffic accident, photographs of an accident site, and reports on a traffic accident;

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: Traffic crime, general traffic accident, and first type;

(b) Special siblings: Aggravation, mitigation factors, and mitigation factors;

(c) In general: Aggravation factors (the proviso to Article 3 (2) of other special teaching rules), mitigation factors (the purchase of motor vehicle comprehensive insurance, serious reflects);

(c) Scope of recommendations: Basic area, April to October;

3. Determination of sentence: six months of imprisonment without prison labor, two years of suspension of execution (limited to reasonable circumstances), recovery of damage and agreement through the comprehensive automobile insurance;

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