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(영문) 인천지방법원 2018.05.04 2018고단484

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car at C.

On June 23, 2017, the Defendant, at around 08:20 on June 23, 2017, moved down a long distance of 232 Cheong LH apartment 405 in front of the Cheongbu Park, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, by a speed of about 5 km per hour from the Cheongbu Park, to the north port.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the vehicle by checking whether there is a person who renders a way to reduce speed and by checking the right and the right and the right of the road.

Nevertheless, the defendant neglected this and brought the body part of the victim D (the age of 13) who cross the crosswalk from the right side to the left side due to the negligence of the pedestrian green signals.

Ultimately, the Defendant suffered injury to the victim, such as a thring of 8 weeks of medical treatment, due to the occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes, such as written diagnosis;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the area subject to mitigation (one month to eight months) (including a person subject to special mitigation) of the mitigated punishment (including a serious effort to recover damage);

2. The crime of this case committed by the defendant while bypassing the pedestrian green signals on the crosswalk, resulting in the victim's injury requiring medical treatment for about eight weeks, and the degree of negligence is not to be negligible, but to be less severe than that of the victim's injury.

(b).