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(영문) 인천지방법원 2015.04.08 2015고단512

교통사고처리특례법위반

Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On December 31, 2014, the Defendant, around 12:20 on December 31, 2014, proceeded at a speed of about 20 kilometers a speed of about 30 kilometers a speed of 4 lanes in the direction of tinbli distance, along the direction of tinbli distance.

At the time, the above place was a road on which the passage of vehicles and people is frequent, and the crosswalk was installed and operated. Therefore, the operator of the above place had a duty of care to prevent traffic accidents by properly operating and operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 19) and the victim E (the age of 77) crossing the road due to the green light of the above crosswalk due to the occupational negligence, which violated the signal apparatus that controls the passage of the above space, and caused the same to the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tension, etc. in the part of the elbow part, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and injury to the victim E, such as felball, which requires approximately ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A written statement of F and G;

1. The actual condition survey report;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; Article 62 (1) of the same Act);

1. Order to attend lectures under Article 62-2 of the Criminal Act;