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(영문) 인천지방법원 2020.04.23 2019고단5785
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning automobiles.

On June 7, 2019, the Defendant driven the above car at around 09:45, and driven the front road of the Seoul Southern-gu Incheon Metropolitan City C apartment at the intersection of the tunnel, which is about 40km a speed of 40km, depending on the length of the four-lane.

There was an intersection where signal lights are installed, and there was a crosswalk, so the driver of the motor vehicle has a duty of care to prevent the accident by safely driving the motor vehicle according to the traffic signal in advance.

Nevertheless, even though the defendant neglected to stop the vehicle signal at the intersection, the defendant's negligence, which was going straight as it is, led to the shocking of the victim D (10 years old) who opened the way to the right side on the left side by using the crosswalk in accordance with the pedestrian signals according to the pedestrian signals, was shocked into the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as an all voice kiscing, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A report on investigation (a statement of a victim's family member);

1. Reporting on the occurrence of a traffic accident, a traffic accident, a survey report on the actual condition of a traffic accident, photographs of the scene of the accident, etc.

1. Application of Acts and subordinate statutes to the prosecution letter (medical certificate (D), investigation report (medical certificate)

1. Legal provisions applicable to the facts constituting an offense, and the grounds for sentencing under 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;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. Determination of sentence: A defendant for six months has violated his/her duty to observe signals and to protect pedestrians in crossing protection;

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