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(영문) 인천지방법원 2014.10.16 2014고단4652
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crain cars.

On May 23, 2014, the Defendant driven the said car at around 14:01, and led the two lanes prior to the 250 International Telecommunication Co., Ltd., in Gyeyang-gu, Incheon, to proceed along one lane on the side of the Filisung Sports Park.

At this point, the signal lights and crosswalks were installed, so there was a duty of care to observe the signal and to prevent accidents in advance by safely driving the vehicle in order to ensure whether a person engaged in driving service is a pedestrian or not.

Nevertheless, even though the defendant neglected this, he was the victim D (the age of 74) who was standing a crosswalk from the right side of the running lane to the left side of the vehicle that the defendant drives by negligence while driving the vehicle as it is.

As a result, the Defendant suffered injury, such as minculization of fluoral executives in need of treatment for approximately 12 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of the occurrence of E traffic accidents;

1. Results of the analysis of traffic accident report, actual situation investigation report, photographs, black boxes' records for request for the restoration and analysis of and for appraisal for the restoration of the transmission and analysis of the transmission card, cross-section signal database receipt data, signal database receipt data for cross-sections, meetings for appraisal request, CCTV for international communications, CCTV for international agencies, and water meri cards;

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

1. 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 concerning facts constituting an offense;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determinations of types: [19] Traffic, 01. General Traffic Accidents, [1] Traffic Accidents.

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