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(영문) 인천지방법원 2015.01.15 2014고단7737

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who drives a C bus.

On September 15:35, 2014, the Defendant continued the roads in front of the building D in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, the research institute of the extreme research institute to the front of the building.

Since the above road front sides are installed as a children protection zone, crosswalks and signal lights were installed, the defendant engaged in driving motor vehicles had a duty of care to prevent traffic accidents, such as making it possible for the defendant to live well, complying with traffic signals, driving, etc.

Nevertheless, the Defendant neglected this and violated the signal while driving the crosswalk without temporary suspension in front of the crosswalk, and caused the victim E (V, 9 years of age) who was walking the crosswalk pursuant to the above pedestrian signals, to shock the front part of the above bus, thereby leaving the victim above the floor.

As a result, the defendant suffered from cerebral cerebrovassis focusing on the fact that there is no open one, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on the actual condition, a vehicle photograph of an accident, and photographs on the scene of accident, results of the analysis of traffic accidents, and an investigation report (investigation into the speed of the towed vehicle);

1. Application of Acts and subordinate statutes to a medical certificate and an investigation report (the confirmation report of the damaged condition of the victim E);

1. The proviso to Article 3 (1) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. Traffic accident by general public, [1] Injury by traffic accident by ordinary traffic accident;

(b) Aggravation: Aggravation factors (where illegality in the proviso to Article 3 (2) of the Specialized School Act is serious);

(c) In cases of general persons: Reduction factors (purchase of comprehensive motor vehicle insurance), aggravation factors (serious injury);

(d)the scope of recommendations;