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(영문) 인천지방법원 2017.08.23 2017고단3565
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the operation of a city bus in fishing to B New Schlage.

On April 16, 2017, the Defendant driven the above bus around 22:40, and subsequently proceeded six lanes prior to the history of the vessel, which was 16 a.6-lane from Yeonsu-gu Incheon, Yeonsu-gu, Incheon, in the direction of the field of literature, by moving about about 15km in Si/Gu from the direction of the field of literature to the speed of about 15km.

Since there is a crosswalk that has no signal apparatus at the front of that place, in such cases, a person engaged in driving service has the duty of care to reduce the speed and to take the right on the front side, and if a pedestrian passes the crosswalk, he/she has the duty of care to temporarily stop in front of the crosswalk and protect the pedestrian.

Nevertheless, the Defendant neglected this and caused the victim C (43) who walked on the crosswalk due to occupational negligence that entered the crosswalk while neglecting it, and caused the victim C (43) to go beyond the floor of the bus.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the right frame, which requires approximately 10 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to survey reports, photographs, and medical certificates on actual condition;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution has shocked the pedestrian walking on the crosswalk and suffered any minor injury, and that the defendant has had the record of punishment for the same kind of crime in the previous case, the defendant's responsibility shall not be mitigated;

However, the fact that the injured person expressed his/her intent to take the Defendant’s wife at the investigative agency, and the damage was restored by the comprehensive insurance of the instant vehicle, and the power above.

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