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(영문) 인천지방법원 부천지원 2013.12.20 2013고단3097
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 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 Category B vehicles.

On October 10, 2013, around 22:05, the Defendant 110-6, the Hancheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, had the front road in front of the Taesung Hospital, which is located in the 110-6, Seocheon-gu, Seocheon-gu, Seocheon-gu, Mancheon-si, go straight along the two-lanes from the s

Since the place has a crosswalk where a signal, etc. is installed on the front side, there was a duty of care to ensure that the defendant engaged in driving a motor vehicle is able to observe the signal, drive the motor vehicle well, see the front side and the right and the right of the motor vehicle, and safely drive the crosswalk in advance by checking whether there is a pedestrian or not.

Nevertheless, the Defendant neglected this and got the victim C (the age of 44) who walked along the crosswalk in accordance with the pedestrian signals as the front part of the Defendant’s vehicle due to the negligence of going against the signal.

As a result, the Defendant suffered injury, such as double alleys, which require approximately 10 weeks of medical treatment, by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, vehicle photographs and site photographs, and photographs by cutting down an accident image;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without

1. Suspension of execution under Article 62 (1) of the Criminal Act (all circumstances, such as the confession of a criminal act and the reflection thereof, the fact that an agreement has been reached with the injured party, and the primary fact);

1. Article 62-2 of the Criminal Act (Consideration of the negligence of the accused and the result thereof, etc.)

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