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(영문) 인천지방법원 2020.08.12 2020고단917
교통사고처리특례법위반(치상)
Text

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

However, the execution of 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 engaged in K5 taxi driving services.

On December 6, 2019, the Defendant driven the above taxi at around 11:40 on December 6, 2019, and proceeded with the intersection of the entrance distance of 315 Michuhol-gu, Michuhol-gu, Incheon, the 315 Michuhol-gu, from the epoch of the water basin to the Dowon basin.

At the same time, the crosswalk was installed along the intersection with signal lights, so the defendant had a duty of care to observe the signal and to prevent the accident by accurately manipulating the operation of the brake and steering gear in order to ensure that there is a pedestrian who is a pedestrian with the signal and to stop the crosswalk.

Nevertheless, the Defendant neglected this and did not check the pedestrian who walked on the crosswalk and did not properly check the pedestrian who walked on the crosswalk, and shocked the left body part of the victim C (V, 71) who dried the crosswalk by the front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the entrance to the left-hand part of the family in need of approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant’s legal statement

1. Statement to C by the police;

1. A traffic accident report;

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, and Article 268 of the Criminal Act (or choice of imprisonment without prison labor in consideration of the circumstances, etc. after committing a crime in which the defendant does not inform the victim of contact information conscientiously) concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered in light of the circumstances without the same force to the defendant);

1. Order for community service and lecture attendance under Article 62-2 of the Criminal Act;

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