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(영문) 인천지방법원 부천지원 2014.09.25 2014고단1389
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 service of BCA110.

At around 20:00 on April 14, 2014, the Defendant driven the above Orabab, and proceeded with the intersection of 71 Hancheon-gu, Nowon-gu, Seoul Special Metropolitan City as the long-term street of 71 Hancheon-gu, Seoul Special Metropolitan City, to the Incheon Bridge from the bank of the Cultural Center.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving duty is a person who gets on the way to reduce speed and see well the front left, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and neglected to change the vehicle driving signal to a stop signal, but neglected to go beyond the body of the victim C (76 years old, female) who dried the crosswalk in accordance with the pedestrian green signals due to the negligence of going against the signal, and caused it to go beyond the front side of the victim C (76 years old, female).

Ultimately, the Defendant suffered injury to the victim, such as leaving the right pelle, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to survey reports on the actual condition, copies of a note, persons verifying the purchase of a comprehensive insurance, and medical certificates;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment: Imprisonment without prison labor for not more than five years;

2. The scope of recommendation [decision of type] Sentencing for traffic crimes, general traffic accidents, injury by traffic accidents (type 1): Where illegality in the proviso of Article 3(2) of the School Special Act is serious, the element of mitigation (the element of an act): In the case of imprisonment without prison labor for April or October, it is equal to the person who committed an act since it is a person who committed an act.

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