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(영문) 인천지방법원 2015.06.04 2015고단1753
교통사고처리특례법위반
Text

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

However, 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 person who is engaged in driving Obaba in C.

Around 01:05 on August 22, 2014, the Defendant driven the above Oba, and proceeded along four lanes prior to the 4th line of the E store in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, toward the direction of the calculated third distance from the direction of the Nbacle.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and found the victim F (Woo, 50 years old) to left from the right side of the direction of the Defendant’s course by his negligence in contravention of the signal, and received the victim from the front part of the Defendant’s right side of the front.

Ultimately, the Defendant suffered injury to the victim, such as blood chain chains on the left-hand side in need of medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act [the scope of recommendations] The reason for the sentencing of Article 62(1) of the Criminal Act [the reasons for the suspended sentence] is the case where the illegality of the aggravated area (8 to 16 months) of the category 1 of the general traffic accident (the injury of traffic accident) [the specially under] the proviso of Article 3(2) of the School Special Treatment Act [the decision of the sentence] is serious when the defendant was negligent in causing the traffic accident of this case by shocking the victim of the crosswalk, and thereby causing the victim to suffer the injury requiring approximately 12 weeks medical treatment.

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