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(영문) 인천지방법원 2015.04.22 2015고단787
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 passenger car volume B i30.

On January 10, 2015, the Defendant driven the above vehicle at around 18:40, and proceeded bypassing the road near the school distance of the Cheongnam-dong, Yeonsu-gu Incheon Metropolitan City to the three-distance outflow from the surface of the literature tunnel.

At the same time, the victim C (V, 53 years old), who was located in the front of the crosswalk, had a duty of care to prevent traffic accidents, such as stopping in front of the crosswalk according to the traffic signal and not shocking the victim.

Nevertheless, the Defendant neglected this and caused the part of the victim's body part with the front part of the above vehicle due to the negligence of entering the crosswalk in contravention of the signal.

As a result, the Defendant suffered injury, such as the cutting of a frame from the other flag, which requires a medical treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on actual condition and photographs at the scene of an accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (the first offender, the comprehensive insurance coverage, the agreement with the victim, and the reflective points);

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