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(영문) 인천지방법원 2015.03.19 2014고단9268

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 engaging in driving a rocketing car.

On September 19, 2014, around 17:15, the Defendant, at the speed of about 30 km from the side of the Bupyeong-gu Incheon Metropolitan City, proceeded with the front road of the Gold Savings Bank, which is located in 307, from the side of the Bupyeong-gu to the side of the Bupyeong-gu.

Since there is a road on which a crosswalk is installed, a person engaged in driving service has a duty of care to protect pedestrians, such as checking whether pedestrians are passing along the crosswalk, and temporarily stopping in front of the crosswalk so as not to obstruct or endanger pedestrian crossings.

Nevertheless, the defendant neglected to do so and went on to the right side of the victim D (the age of 7) who crosses the crosswalk from the left side of the defendant, and received the front part of the above car.

As a result, the Defendant suffered injury to the victim, such as cutting the body frame and closing the body frame, which requires approximately 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing under the following) of the suspended sentence [Scope of recommending] general traffic accidents in the area of mitigation (one to six months), areas of mitigation (including special mitigation), areas of mitigation (including efforts to recover from damage) of punishment (including decisions of sentence], five months without prison labor, and one year of suspended sentence;