beta
(영문) 인천지방법원 2017.11.01 2017고단4416 (1)

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of Crain cars.

On April 7, 2017, the Defendant continued the front road D in Yeonsu-gu Incheon Metropolitan City on April 7, 2017 along one lane from the middle side of the new school to the center.

Since there are crosswalks where signal lights are installed, and it is designated as children protection zones, drivers have the duty of care to check whether there is a person who gets on the way to see well the right and the right and the right and the right, to observe necessary measures according to the new code and to drive while paying attention to the safety of children.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s failure to run the crosswalk in red stop signals, and, with the right side to the left side of the Defendant’s running direction, received the Victim F(7) who was standing on the crosswalk in front of the said car, on the right side of the Defendant’s driving direction.

Ultimately, the Defendant suffered injury to the victim, such as the development and growth of the aggregate that requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on the investigation of actual condition, each photograph, diagnosis certificate, and each investigation report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 11 of the Act, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the suspended execution of the Criminal Act is that the defendant does not have good contents of the crime, such as paying a traffic accident in violation of crosswalk signal in the child protection zone, and that the defendant's responsibility is not easy to take account of the fact that he did not receive any physical or mental pain from the injured party until now even though he/she suffered physical or mental pain;

However, the degree of injury of the victim is not severe, and the damage is recovered by the comprehensive insurance of the vehicle of this case, and the defendant is.