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(영문) 인천지방법원 2018.02.12 2017고합757

교통사고처리특례법위반(치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving DOba.

On June 28, 2017, the Defendant driven the 3-distance intersection in front of the Sincheon-si around 18:51, and continued directly from the direction of the Sincheon Elementary School in the direction of the Sincheon Elementary School.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets involved in driving service by reducing speed and by properly examining the right and the right and the right of the road, and to safely drive the road in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded against the signal signals as it was, and caused the above-mentioned part of the victim F (10 years old) who was a frighter under the pedestrian signals, to be the right side of the frighter's left side.

As a result, the Defendant suffered injury to the victim, such as brain-dead, which does not have any wound within two weeks of open medical treatment, due to negligence in the above business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of each CD1 CD (CCTV file), diagnostic certificate, and signal cycle statute;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment (Optional to Penalty) concerning facts constituting an offense;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The assertion and judgment of the Defendant and his defense counsel under Article 59(1) of the Criminal Act

1. The summary of the defendant's and his defense counsel's assertion is that the defendant drives a stove in violation of the signal, but there is no shocking of the victim.

2. Innocences guilty of the jury's verdict: Seven persons (at will);

3. Comprehensively taking account of the evidence duly adopted and examined by this court, the fact that the defendant was shocked by the victim who dried the crosswalk in accordance with the pedestrian signals while driving the stoba.