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(영문) 인천지방법원 2013.07.11 2013고단1289
교통사고처리특례법위반
Text

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

However, 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 a Switzerland car.

On January 7, 2013, at around 05:40, the Defendant, at around 05:40, proceeded with three lanes in front of a restaurant in the name of blue flag and bones potas, Nam-gu, Incheon, Incheon, with two lanes from the distance of school history to the distance of the court.

Since there is a crosswalk where signal lights are installed at the front of that place, there was a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the driver of the vehicle, and to drive safely according to the traffic signal.

Nevertheless, the defendant neglected this and did not discover the victim C (in this case, 64 years old) who laid the crosswalk from the right side of the defendant's vehicle to the left side in accordance with the pedestrian signals, and did not discover the victim C (in this case, 64 years old) and did not leave the victim's left bridge in front of the left side of the defendant's vehicle.

Ultimately, as seen above, the Defendant suffered injury, such as salt, tension, etc. of internal side dynasium, which requires medical treatment for about three months by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on initial operation at the traffic accident site, a report on actual condition survey, an accident site, and photographs of related vehicles;

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

1. Article 3 (1), 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 concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that there is no previous conviction for the last ten years, that comprehensive insurance is subscribed and part of the amount of damage is deposited for the victim, and that there is any reflective error);

1. Social service order under Article 62-2 of the Criminal Act;

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