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(영문) 인천지방법원 2014.05.12 2014고단1610
교통사고처리특례법위반
Text

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

On November 29, 2013, the Defendant driven the above cargo vehicle around 06:15, and driven the two lanes from the two lanes of 571, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, to the direction of the Korean history distance from the industrial complex at an irregular speed.

However, since there is a crosswalk where signal lights are installed on the front door, in such a case, there was a duty of care to check whether there is a person who gets on a road by reducing speed and checking the right and the right and the right and the right and the right and the right and the right are well and to drive by observing the signal.

Nevertheless, the Defendant neglected this and was negligent in driving the vehicle with a stop signal while disregarding that the vehicle progress signal is changed to the stop signal, and the front part of the above cargo vehicle was the victim C (the age of 71) who walked along the crosswalk from the right side of the Defendant’s proceeding to the left side in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as an open wound, which requires approximately 11 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on occurrence and a medical certificate;

1. Application of Acts and subordinate statutes of a medical certificate;

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 concerning Criminal Facts, 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 crime, general traffic accident, [1] Injury by traffic accident;

(b) Special persons with limited liability: Reduction elements, aggravation factors (where illegality in the proviso to Article 3 (2) of the Specialized Education Act is serious, at least two persons shall be applicable);

(c) In cases of general persons: Reduction elements, or aggravation factors;

(d) Scope of recommendations: Basic territory, April to October; and

3. Determination of sentence:

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