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(영문) 인천지방법원 2016.06.29 2016고단2189
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person running a city bus B.

On March 17, 2016, around 18:30 on March 17, 2016, the Defendant proceeded about four-lane roads in front of the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City C at approximately 10km in Si speed according to the 4-lane Myeon-dong Myeon-dong Myeon-dong.

Since there is a traffic signal and crosswalk installed on the front side, in such a case, there was a duty of care to check in advance whether a person engaged in driving a motor vehicle has a way to drive the motor vehicle well by reducing the speed and checking the front door, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the defendant neglected this and caused the victim D (the age of 35) who was a victim of the crosswalk from the right side of the above vehicle to be the left side in accordance with the pedestrian signals due to the negligence of not keeping the front door well, even though the signal apparatus of the vehicle is a red light, and caused the victim D (the age of 35) to go beyond the floor in front of the above vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the 8-day offline executive members who need approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, and photographs of the vehicles under consideration;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to 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 prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] There is no basic area (four months to ten months) (the person who is subject to special sentencing] [the decision of sentence] [the person who is subject to special sentencing] - favorable circumstances; primary offenders, joining the Financial Cooperative - Unfavorable circumstances; Defendant's negligence was more severe, and the victim

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