beta
(영문) 인천지방법원 2019.06.27 2019고단2083

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 vehicle B with a vehicle.

At around 21:00 on February 26, 2019, the Defendant driven the above vehicle on the front road of Jung-gu Incheon Metropolitan City, and moved to the right-hand from the surface of the neighboring land and the underground road of Jung-gu, Incheon.

Since the signal apparatus and crosswalk are installed at each front door, the driver of a motor vehicle has a duty of care to stop according to the signals when the pedestrian signal of the crosswalk has been entered, to check whether there is a pedestrian walking on the crosswalk, to check thoroughly whether there is a pedestrian walking, to check the front door and the right and the right of the crosswalk, and to accurately operate the steering direction and the brake system, and to prevent the accident from occurring.

Nevertheless, the defendant, by negligence going through the bypassing the crosswalk without stopping the vehicle even though the signal of the crosswalk was green light, laid down the part of the victim D (64 years old) who walked on the left side from the right side of the defendant's moving the crosswalk to the left side from the right side of the defendant's proceeding direction, and the part of the victim E (n, 63 years old) who walk on the crosswalk in that side, took the body part of the victim E (n, 63 years old) who walked on the crosswalk as the front part of the above vehicle and had it over the floor.

The Defendant suffered, by negligence in the course of performing the above duties, approximately two weeks from the victim D’s catum catum in need of treatment, etc., and from the victim E’s catum catum in need of approximately ten weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and D preparation;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of each statute on photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be limited to traffic crimes;