beta
(영문) 인천지방법원 2013.12.19 2013고단6675

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving of Class C motor vehicles.

At around 07:20 on September 4, 2013, the Defendant driven the above detailed car Ⅱ, and driven the three-lane road of 1419-2 in the south-gu Incheon Metropolitan City on the 3-lane 3-lane 1419-2 adjacent to the front of the luxa-dong, Nam-gu, Incheon, along the two-lane 60km away from the luxa distance.

Since the place has a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and did not see that the vehicle progress signal has been changed to a stop signal, and had the Defendant use it on the road by taking the fronter and blick part of the victim D (the age of 47) driving the crosswalk according to the pedestrian signal with the fronter and blick part of the vehicle Ⅱ, which the Defendant driven.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the right slotr, which requires treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. CCTV image data;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the defendant is the first offender and the aged, the fact