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(영문) 인천지방법원 2015.05.21 2015고단261
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 of freight vehicles C Ⅱ.

On October 02, 2015, the Defendant driven the above vehicle at around 07:20,07:20, and driven the two-lane road in front of the 12-lane apartment complex, Seo-gu Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, with the single-sking intersection from the king-ri, the front intersection of the above two-lane road.

On the other hand, there is a crosswalk where signal lights are installed, so the defendant engaged in driving of the motor vehicle has a duty of care to observe the signal while complying with the signal, to reduce the speed and to ensure whether pedestrians are pedestrians on the crosswalk, and to prevent the traffic accident by driving the motor vehicle.

Nevertheless, the Defendant neglected this to stop traffic signals, which led to the negligence of driving the said vehicle, brought about the body part of the victim D (the age of 26) with the front part of the said vehicle.

As a result, the defendant suffered an injury to the victim, such as an open wound in the head part requiring at least three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report and a traffic accident report;

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., the violation of a sentence, and the agreement with a victim) of the Act on the Suspension of Execution [Scope of Recommendation] : The basic area (i.e., April to October) (including special mitigation) of the type 1 of general traffic accident (i.e., April to 10), penalty not (including advanced efforts to recover from damage) / Where illegality in the proviso to Article 3 (2) of the Special Class of the School Regulations is serious [decision of sentence] 4 months, and one year of suspended execution;

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