logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.05.14 2014고단1524
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 one ton cargo vehicle B.

On November 21, 2013, the Defendant driven the above cargo vehicle around 18:10, and led the road to turn to the left at a speed of about 50km at a speed of about 50km at a speed of 50km, among five-lanes, from the west-do of Incheon Jung-gu to the west-do.

Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and tried to find the victim C who cross the crosswalk from the left side of the crosswalk to the right side in accordance with the pedestrian signals by negligence, disregarding that the vehicle driving signal is changed to the stop signal, and found it late, but failed to avoid this, and had the victim go beyond the front part of the above cargo.

The Defendant suffered injury to the victim, such as a pelvisa, which requires approximately 14 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area among the injuries caused by traffic accidents in the course of the general traffic accidents: Where the illegality in the proviso to Article 3 (2) of the Special School Traffic Act is serious (where the violation of any signal, the violation of any duty to protect pedestrians on the crosswalk, and the violation of any duty to protect pedestrians on the crosswalk, the relevant mitigated element of the punishment is not imposed;

2. The degree of negligence of the defendant in the decision of sentence shall be severe;

arrow