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(영문) 인천지방법원 2016.08.08 2016고단3354
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a concrete mixture truck.

On December 22, 2015, the Defendant driven the above concrete mixtures truck and proceeded at a speed of about 48 km to 53 km in the speed of about 53 km in the front of the sports park, which is located at the center of Jung-gu Incheon, Jung-gu, Incheon, at a speed of 132 kilometers.

Since there was a cross-section where signal apparatus was installed, there was a duty of care for a person engaged in driving a motor vehicle to see the left, the right, and the right and the right, and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and temporarily stopped at a red-off off and off-off line, and took care of whether there is a vehicle passing through the intersection, and continued to proceed with it. However, the Defendant suffered injury, such as diff’s salt, tension, etc., of the victim C (W, 30 years old) who was proceeding on the right side of the car of the passenger of the said passenger vehicle, due to the shock of the victim C (W, 30 years old) who was proceeding on the part of the passenger of the said vehicle for about 2 weeks, and suffered injury, such as a diff’s diff, which requires approximately 5 weeks of treatment, to the victim E (W, 58 years old), who is the passenger of the said vehicle, for about 5 weeks of treatment, or any other injury such as a diff’s biff, which was affected by the victim F (F) who was the passenger of the said vehicle, for about 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. Each and medical certificate;

1. Application of statutes, such as site photographs;

1. Each relevant legal provision of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment imposed on the violation of the Act on the Handling of Traffic Accidents against E which the most serious criminal conduct is committed);

1. The reason for sentencing of the alternative imprisonment without prison labor.

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