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(영문) 인천지방법원 부천지원 2015.02.26 2014고단794
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is engaged in driving a Party B's car.

On January 15, 2014, the Defendant driven the above car at around 16:35, and driven the two-lanes of the front section C in order to drive the vehicle from the operating side of the offcheon-gu, Ocheon-si.

At a crosswalk where a signal, etc. is installed, and the defendant was temporarily stopped pursuant to pedestrian signals, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by starting safely after the passage of the road is completed.

Nevertheless, the defendant neglected to do so and caused the victim to go beyond the ground floor by receiving the right part of the victim's front part of the above car driving by the defendant, even though the green walking, etc. is on and off the right side due to the change of signal while entering the crosswalk, and a red walking, etc. turns on the road, it is not found that the victim D (78 years old) still crossing the road, and it is found that the victim received the front part of the above car driving by the victim.

Ultimately, the Defendant suffered injury, such as duplicating cages and closing cupages that require approximately eight weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of D or E;

1. A traffic accident report, a traffic accident report, a field photograph, the ledger of driver's licenses, each internal investigation report, each investigation report, and medical certificate applied by statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Scope of recommendation [Determination of type] Sentencing for traffic crimes, general traffic accidents, and injury of traffic accidents (type 1) (the scope of recommendation punishment] (the scope of recommendation punishment] 4 months to 10 months (basic area);

2. Determination of sentence: Four months of imprisonment without prison labor;

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