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(영문) 인천지방법원 2014.11.13 2014고단6273

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the B-Wood vehicle volume.

On August 11, 2014, the Defendant driven the above car on August 14:30, 201, and proceeded with the second line of 131 in front of the 123-school village village apartment at Gyeyang-gu, Incheon, with two lanes from the scopic elementary school to the scopic line protection area from the scopic elementary school.

At this point, there are crosswalks where signal lights are installed on the front side of the direction of the defendant's driving, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the new code after checking whether there is a person driving the motor vehicle, who is engaged in driving the motor vehicle, by reducing the speed and properly examining the right and the right.

Nevertheless, the Defendant neglected this and proceeded with a stop signal while disregarding and driving it, and the Defendant was negligent to cross the above crosswalk to the right side from the left side of the crosswalk, and received the right side part of the victim C(the age of 9) in front of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the complete escape and the open sprinking of water control, which require approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site survey reports, photographs, photoboxes, video CDs, investigation reports (over-site investigation);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);

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) Determinations of types: [19] Traffic, 01. General Traffic Accidents, [1] Traffic Accidents.