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(영문) 인천지방법원 부천지원 2015.01.16 2014고단2113
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category C Ⅱ vehicles.

On April 28, 2014, the Defendant driven the above vehicle at around 19:45, and was in the atmosphere of signaling the front of the 54 mid-gu Dok-gu, Seocheon-gu, Seocheon-gu from Kimpo to the direction of transmission.

At the same time, the crosswalk is installed, and at night, so in such a case, the driver had a duty of care to look at the right and the right and the right and the right and the right of way to the driver, and if the driver finds a person, the driver had a duty of care to temporarily stop the road and to proceed with the passage or the right of way.

Nevertheless, the Defendant neglected this and neglected to check the progress signal of the vehicle from the red to green, and by negligence, received the right side of the victim D (Influence, age 61) who dried the crosswalk as the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered from a serious injury, such as an external blood transfusion, which requires at least 30 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. The actual condition survey report;

1. An accident-related photograph;

1. A traffic accident occurrence report;

1. Signal frequency table;

1. A medical certificate;

1. Statement of opinion (whether serious injury is involved);

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The sentence shall be determined as ordered in consideration of all the circumstances, including the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons of sentencing below) has no record of being sentenced to a fine or heavier, the fact that the victim's negligence appears to be considerable, and the victim's family members have reached

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