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(영문) 인천지방법원 2017.09.27 2017고단2773

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 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 multi-user vehicles.

On March 6, 2017, the Defendant driven the above vehicle at around 09:10, and moved the private distance road of the free trade zone of 295, Jung-gu, Incheon, Jung-gu, Incheon, to the Incheon airport passenger terminal from the terminal to the Incheon airport passenger terminal at an indefinite speed.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service is a person to build a road by reducing speed and living well the right and the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded along as it was so negligent that the Defendant got the victim D (the age of 28) who dried the crosswalk from the right side of the Defendant's proceeding to the left side in accordance with the pedestrian signals, in front of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the frame in the area where the 16 week-of-the-day treatment was required, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend is that the Defendant, who is engaged in the cargo transport business, should comply with the traffic-related Acts and subordinate statutes. However, the Defendant neglected his duty to give the right and the right at the intersection while bypassing the intersection and neglecting the duty to give the right and the right and the right and the right to the crosswalk, thereby inducing the victim to suffer serious injury by shocking the victim who was walking the crosswalk pursuant to the pedestrian signals. However, the Defendant subscribed to a comprehensive insurance policy.