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(영문) 인천지방법원 2019.07.10 2018고단8704
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

On September 27, 2018, at around 13:55, the Defendant worked at the “C” Chinese restaurant located in Jung-gu Incheon Metropolitan City, Jung-gu, and was engaged in driving of the said restaurant customer's car while on behalf of customers, the Defendant was engaged in driving of the said restaurant.

At this point, delivery has been installed on the side of the road, and the said car was placed on the balc left-hand side of the balke as a disabled automobile, and thus, the driver of the vehicle has a duty of care to prevent the accident by properly operating the steering gear and brakes without driving the sidewalk.

Nevertheless, in order to avoid a numberless car running on the front side, the Defendant: (a) committed a mistake on the left side of the sidewalk by misunderstanding the above aid speed ped ped ped ped ped ped ped ped ped ped ped ped ped ped ped ped; and (b) followed the victim E (e.g., 39), F (6), G (62), H (n, 60), I (n, 62), and I (n, 62) who walk on the sidewalk by driving on the front part of the said car.

Ultimately, the Defendant suffered, from the above occupational negligence, the victim E, the injury of salt pans, tensions, etc. in the part of the frame and tension for about two weeks, the injury of the victim F, which requires approximately eight weeks of medical treatment, the injury of the victim G, the injury of the erosium, tensions, etc. in the part of the eros that require approximately eight weeks of medical treatment, the injury of the victim H, such as the erosium flasium, etc., which requires approximately eight weeks of medical treatment, and the victim I suffered approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV closures at J-cafeterias;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 of the Criminal Act:

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