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(영문) 인천지방법원 2017.03.23 2016고단8102
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving a C-L car.

On October 15, 2016, around 06:12, 2016, the Defendant proceeded along the road of five lanes in the airspace of 450, Seo-gu, Seo-gu, Incheon, Seo-gu, Jeju, along five lanes, while moving to the inspection team from the Gyeyang-gu side.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the victim D (the 68 years old) who dried the crosswalk in accordance with the Green Pedestrian Signals, which was driven by the pedestrian signal even though the pedestrian signal was green, was placed in front of the car.

Ultimately, the Defendant suffered injury to the victim, such as the closure of his/her mouths that require approximately three months of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, 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 concerning criminal facts;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: A favorable condition in which the result of serious injury was incurred for three months of the treatment period by placing a victim walking under a pedestrian’s new name: The first offender and the aged; the defendant’s personality and behavior, environment, means and consequence of the crime; and other factors of sentencing as shown in the arguments of this case, including the circumstances after the crime, etc., shall be determined as per the disposition.

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