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(영문) 인천지방법원 2020.08.19 2020고단1460

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving a motor bicycle BCA100.

On January 15, 2020, the Defendant driven the above motorcycle on the duty of around 19:44, and driven the above motorcycle, which is located in Yeonsu-gu Incheon Metropolitan City C, and driven the front road at about 20km in the speed of the 6-lane between the two-lanes of the blue Water Tunnels.

At the night and at the same time, there are signals, etc., so it was confirmed whether a person engaged in driving service is walking the crosswalk by reducing the speed and checking well the front door, and there was a duty of care to safely drive according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim E (the age of 36) who crosses the left side side of the victim E (the age of 36) to the left side of the direction of the Defendant’s proceeding in accordance with the pedestrian signals due to the negligence of going in contravention of the signal, and suffered approximately eight weeks of medical treatment from the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to a criminal investigation report (victim E telephone conversations), such as the defendant's legal statement, actual condition survey report, field photograph, etc.;

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 According to Relevant Acts and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 62 (1) of the Criminal Act as to the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person], the element of mitigation of punishment: In the area of reduction of punishment (the scope of recommendation and recommendation) and in the area of reduction of punishment (the scope of recommendation and recommendation], one month through eight months without prison labor;

3. Determination of sentence: The following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, as well as all the sentencing conditions shown in the instant pleadings, including the circumstances after the commission of the crime.