beta
(영문) 인천지방법원 2014.03.19 2013고단8282

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 the duties of driving a small-type taxi in C.

On September 29, 2013, the Defendant driven the above vehicle around 03:20 on September 29, 2013, and driven the front road of Gyeyang-gu Incheon Metropolitan City 342-1 Samcheon Apartment apartment at a speed of 40km from the calculation basin from the modern inland distance protection area.

At all times, there was a pedestrian crossing installed with red-off lights and pedestrian signal lights installed on the front side, so there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle and to safely operate the crosswalk by taking into account whether pedestrians walk well.

Nevertheless, the Defendant neglected this and got the body of the victim D(54 years of age) and E(50 years of age) on the right side from the left side of the direction of the defendant's running by negligence, which led to the defendant's failure to stand up the crosswalk.

Ultimately, the Defendant suffered injury to the above victim D, such as brain salvy in need of treatment for about 2 weeks due to such occupational negligence, and injury to the above E, such as the right pelvisa, which requires treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A E-document;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. In light of Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing), the nature of the crime is not somewhat weak in light of the following: (i) the defendant's reason for sentencing is proceeding in a crosswalk in a red and flickering signal state; and (ii) the victim E suffers serious injury.

However, it is against the defendant's wrong recognition, and the victim D is punished by the defendant.