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(영문) 인천지방법원 2015.08.12 2015고단3375

교통사고처리특례법위반

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 BM3 car.

On May 11, 2015, the Defendant driven the above vehicle at a speed of about 20 to 30km from the edge of the emergency department distance of the roadside hospital to the intersection of the Samsung Fire, which is in the south-gu Incheon Metropolitan City, by driving the above vehicle at a speed of about 15 to 00km from May 11, 201.

Since there are crosswalks where signal lights are installed at each front door, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, by checking whether there is a person who will cut the road by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, by neglecting this, the Defendant’s negligence in proceeding with a red signal in violation of the signal, brought about the left-hand light of the victim C (in 54 years old) who passed the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body of the left-hand 1,2,3,4 boness requiring medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The area of mitigation of general traffic accidents (one to six months) [Special Mitigation] [including a serious effort to recover from traffic accidents] - The area of mitigation (including a serious effort to recover from damage] - The decision of sentence is heavy: The defendant's negligence; the defendant is the primary offender; the fact that the defendant is the primary offender; the fact that the defendant subscribed to a comprehensive insurance; the fact that the defendant is against the general insurance; and the fact that he has agreed with the victim;