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(영문) 인천지방법원 2014.12.01 2014고단7740

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 Cro-car.

On June 7, 2014, the Defendant driven the above vehicle at around 05:35, and driven the two-lane road in the direction of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at about 60km from the direction of the Corporation to the direction of the Corporation.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will reduce the speed and see the right and the right and the right.

Nevertheless, due to the negligence of neglecting the fact that the vehicle progress signal is changed to the stop signal, the victim F, who cross the crosswalk from the right side to the left side of the crosswalk pursuant to the pedestrian signals, was found late later, and the victim was raised to the front part of the defendant's vehicle and exceeded the ground.

Ultimately, the Defendant suffered injury to the victim, such as the embalone week of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on investigation;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Not subject to punishment for the mitigated area (one to six months) (special mitigation) of the first category, general traffic accident, the scope of which is recommended, shall be limited;

2. In light of the fact that the defendant's decision of sentencing is not less light of the fault of the defendant, but is part of the victim's injury, the above special mitigation factors and reflects, the elderly and health are not good, the vehicle is covered by a comprehensive insurance, the vehicle has no record of punishment since 2006, and other various sentencing factors, such as the character, conduct and environment of the defendant, etc., are considered.