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(영문) 인천지방법원 2015.03.26 2015고단818

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of a village bus in C.

On December 22, 2014, the Defendant driven the above bus on December 17:25, 2014, and driven the two-lanes of the two-lanes of the intersection in front of the post office located in Busan Bupyeong-gu, Incheon, Seo-gu, 222-ro, the two-lanes of the two-lanes of the intersection in front of the office located in Bupyeong-gu, Incheon.

Since there are crosswalks where signal lights are installed, in such cases, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle is obliged to accurately operate the brakes according to the signal apparatus's instructions, to check whether the driver of the motor vehicle well sees the front seat, and to safely drive the motor vehicle so as to prevent the accident from spreading.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by shocking the body of the victim D (the age of 68) who crosses the crosswalk from the right side to the left side in accordance with the Mad pedestrian signals due to the negligence of driving the crosswalk on the red signal in violation of the duty to protect the safety and pedestrians.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to the above occupational negligence, for about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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 a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for suspended sentence) of the Act on the Suspension of Execution (the grounds for the sentencing below) (the grounds for the sentencing) [the scope of recommendations] general traffic accidents of category 1 (the grounds for the sentencing) including efforts made by the victim to have a strong effort to recover from damage caused by aggravation of punishment (the person who is specially mitigated in August to 16).