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(영문) 인천지방법원 2015.08.27 2015고단2567

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 duties of the 125CC.

At around 23:50 on March 21, 2015, the Defendant driven the above Oralba, and driven the D road located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, at the speed of 40 km each hour from the 3-lane to the west of the 3-lane between the 3-lane from the side of the Agricultural Cooperative.

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 neglect that the vehicle progress signal is changed to the stop signal and proceeded as it is, instead, found the victim E (27 years old), the victim F (34 years old), the victim G (30 years old), and the victim G (30 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals, and did not avoid it, and received the victim as the front wheels part of the Atotoba.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim E, such as a non-furnal dys on the left-hand side in need of approximately eight weeks of treatment, the injury of the victim F, such as the left-hand slots that require approximately six weeks of treatment, and the injury of the victim G, such as brain syke in need of treatment for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, H, F, and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of F’s medical certificate (six weeks, I, and I, 8 weeks, J Hospital), E’s medical certificate (six weeks, Acheon-ro University), G’s medical certificate (three weeks, K Hospital);

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. The suspended execution is against the crime of Article 62(1) of the Criminal Act, the first crime.