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(영문) 인천지방법원 2012.11.01 2012고단9825
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a bus B.

On August 20, 2012, the Defendant driven the above vehicle on August 20, 2012, and proceeding the front road of the 610 Dong Seo-dong, Bupyeong-gu, Incheon at the speed of 20K km from the Dorogate to the side of the Dorogate, the Defendant has a crosswalk on which a signal, etc. has been installed at the front bank. Therefore, the Defendant was obliged to pay a duty of care to check whether a person engaged in driving a motor vehicle has a road to reduce speed and to check the front bank well, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and got the victim C (the age of 61) who crosses the crosswalk from the left by walking it to the right-hand side by his negligence in violation of the signal, and caused the victim to suffer injury, such as an injury of an external wound softener, which has no open address for about eight weeks of treatment due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

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 Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration of the agreement with the victim, the fact that the motor vehicle comprehensive insurance is subscribed, and the fact that the mistake is against the victim);

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