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(영문) 인천지방법원 부천지원 2015.10.14 2015고단2278

교통사고처리특례법위반

Text

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

However, 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 engaging in driving a benz car.

On July 8, 2015, the Defendant driving the said car at around 16:25, and driving the said car at around 3-lane in Kimpo-si, Kimpo-si, and driving a three-lane road at around 3-lane in front of Kimpo-si at about 30 km in Si/Gun, depending on the new valley middle school room.

Since there is a crosswalk where a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a road by reducing speed and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to change the vehicle driving signal to a stop signal, but neglected it and proceeded at the same speed as it is, instead of disregarding it, got back the left side of the victim D (the age of eight and half) who walked on the crosswalk normally according to the pedestrian green signal, and received the front part of the road.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence, resulting in the injury to the body of the victim in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of E’s written statement;

1. Statement of the actual survey report;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendations] of the Act on the Order of Service and Order to Attend Education, and the reason for sentencing under Article 59 of the Act on the Probation, etc. (the scope of recommendations] is the basic area (the period between April and October of traffic accidents) (including specially mitigated efforts for recovery of damage) / Cases where illegality in the proviso of Article 3(2) of the Act on the Order of Service and Order to Attend Education is serious.