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(영문) 인천지방법원 2013.07.25 2013고단1963
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a B M& car.

On February 26, 2013, the Defendant driven the above car at around 07:00, and driven the road of 647-1 east-dong, Nam-gu, Incheon Metropolitan City along the three-lanes from the boundary of the Ho-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to proceed along three-lanes.

Since there is a crosswalk on which signal lights are installed at the front door of that place, there was a duty of care to prevent accidents in advance by driving safely, such as ensuring that a person engaged in driving of a motor vehicle is in compliance with the traffic signal, and whether there is a person driving a motor vehicle is a good way to check the front door.

Nevertheless, the Defendant neglected this and got the left-hand knee part of the victim C (V, 69 years old) who dried the crosswalk from the right-hand side in accordance with the pedestrian signals by negligence in violation of the signal, and received the front-hand part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as a chest stroke, for about 10 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the first offender and the fact that he/she was covered by a comprehensive insurance);

1. Social service order under Article 62-2 of the Criminal Act;

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