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(영문) 인천지방법원 2013.11.04 2013고단5884

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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

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

On July 15, 2013, the defendant driving the above car on the 08:25, and making it to the left-hand turn at a speed that cannot be identified depending on the one-lane distance from the south-dong 644, Nam-gu, Incheon, Nam-gu.

At the time, there was a crosswalk in which a signal, etc. is installed in the direction that the defendant intends to turn to the left, so in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right side and right side, and to turn to the left safely.

Nevertheless, if the defendant neglected this and did not properly look at whether there is a person to walk the crosswalk, the defendant did not discover the victim C (W, 20 years old) who was moving the above crosswalk to the right side from the left side, and did not find out the victim C (W, 20 years old) and received the part of the victim's right side by the front line of the car operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report and photographs of the accident site;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than the previous conviction of a fine on two occasions, the fact that the insured was covered by a comprehensive insurance and that there was an agreement with the victim, and