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(영문) 인천지방법원 2014.08.14 2013고단7503

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with a low bid.

On May 2, 2013, the Defendant driven the above car at around 08:40 on May 2, 2013, and proceeding the front road of the Nam-gu Incheon Metropolitan City E in the direction of the intersection of the traffic distance from the surface of the Gu's air import area to the intersection of the traffic distance, and led to the right-way moving toward the direction of the direction of the open T

On the other hand, the intersection is installed adjacent to the crosswalk, and the pedestrian signal was green light and the direction signal of the intersection was red, so in this case, the driver of the vehicle has the duty of care to stop on the front line of the crosswalk in front of the crosswalk in the case of the driver of the vehicle, and to prevent the accident in advance by safelypassing after the pedestrian signal was changed to red light.

Nevertheless, the Defendant neglected this and did not stop in front of the crosswalk, and went through as it is, by negligence, a bicycle riding on the right side of the crosswalk, and received the victim F (the age of 44) who was crossing from the right side of the crosswalk from the right side of the crosswalk as the front driver part of the said car, and suffered injury to the victim F by taking about 10 weeks medical treatment, such as the right-hand sulverization.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by the prosecution (including the part concerning the defendant's statement G);

1. A survey report on the actual condition of a traffic accident, on-site photographs, vehicle photographs, notification of the results of the analysis of a traffic accident, and an investigation report (prefesing and transmitting such report, including operating data

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

1. Grounds for sentencing under Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic crime, 01. General traffic accident, [1] Injury by traffic accident;

(b) A special breeder: No person;

(c) General persons: Reduction factors (automobile comprehensive insurance); and