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(영문) 인천지방법원 2020.01.10 2019고단8398

교통사고처리특례법위반(치상)

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 the operation of a B B B B-S cruise car.

On August 26, 2019, the Defendant driven the above car at around 05:25 on August 26, 2019, and led the Michuhol-gu Incheon Metropolitan City C market History intersection to a main passage from the view of the passage.

Since there is an intersection where a crosswalk is installed, there was a duty of care to safely drive a motor vehicle by checking whether there is a person who renders a way to reduce the speed before entering the intersection and to see well the right and the right and the right of the road before entering the intersection.

Nevertheless, the Defendant neglected this and did not find out the victim D (53 years old) who walked the crosswalk from the right side of the defendant's right side to the left side of the road due to the negligence of bypassing it without finding out the victim D (53 years old) who walked the crosswalk, and received the victim as part of the upper right side of the said car.

The Defendant suffered injury to the victim of approximately 12 weeks of medical treatment due to occupational negligence, 'Febrate pressure pressure table' No. 12.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Medical certificates and opinions;

1. Report on the occurrence of a traffic accident;

1. Application of the Acts and subordinate statutes on photograph of the skin vehicle, black booms image images of the skin vehicle;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

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

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

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. The defendant who has been sentenced to punishment is highly negligent in shocking the victim who has dried the crosswalk, and the extent of damage is significant in light of the part of the victim's injury and treatment period, etc.