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(영문) 인천지방법원 2013.10.28 2013고단5789
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 a ice car.

피고인은 2013. 7. 22. 22:40경 인천 계양구 효성 28에 있는 빵굼터 앞 사거리 편도 2차로의 도로를 경인교대후문 쪽에서 보람농장 쪽으로 1차로를 따라 시속 약 20km로 주행하던 중, 횡단보도를 지나가게 되었다.

The location is a crosswalk where no signal, etc. is installed, and at the time, the victim C (V, 53 years old) passed the crosswalk, and thus, the driver of the motor vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrian or endanger the pedestrian, and to accurately operate the steering gear, brake and other devices of the motor vehicle, and to prevent the accident by driving the motor vehicle by taking into account the traffic situation, the front side of the road, and the right and the right side of the road.

Nevertheless, the defendant neglected the duty of care in Jeonju and neglected the above duty of care and neglected it, and caused the victim, a pedestrian who walked on the crosswalk from the right side of the defendant's proceeding to the left side, to be the front part of the right side of the above car.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the head of the pelpel 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. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts.

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than the one-time fine, the fact that the victim has agreed with the victim, and the fact that the mistake is against the victim);

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