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(영문) 인천지방법원 2015.03.25 2015고단426

교통사고처리특례법위반

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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 low-speed car B.

On December 9, 2014, the Defendant driven the above car at around 14:00, and proceeded two-lanes in front of the D station in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, according to the direction of the D station, the front of the D station at the D station in Gyeyang-gu, Gyeyang-gu.

At the same time, a signal has been installed on the front door, so there was a duty of care to prevent accidents in advance, such as driving a person engaged in driving of a motor vehicle according to the traffic signal and driving safely by checking the front side and the left side.

Nevertheless, the Defendant neglected this and caused the negligence of driving the crosswalk in violation of the signal, thereby crossinging the crosswalk from the right side to the left side of the victim E(the age of 66)'s driving on the left side of the crosswalk in accordance with the pedestrian signals.

As a result, the Defendant suffered injury to the victim, such as the inside and outside of the arms and legs in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report and the accident site photograph;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

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