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(영문) 인천지방법원 2019.10.08 2019고단4944
교통사고처리특례법위반(치상)
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 engaging in driving a rash car.

On April 23, 2019, the Defendant driven the above car on April 23, 2019, and got a private-distance intersection in 82, Dong-gu, Incheon, Dong-gu, Incheon, to turn to the left at a non-protective speed according to green signals from the c apartment protection area to D.

Since a crosswalk is installed on the front side of the moving direction, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing the speed and by checking well the right and the right of the road.

Nevertheless, the defendant neglected this and proceeded along as it is, by negligence, got the victim E (58 years old) who cross the crosswalk from the left-hand side to the right-hand side according to the pedestrian signals to go beyond the ground.

Ultimately, the Defendant suffered from a serious injury to the victim due to the above occupational negligence during about 20 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes, such as a traffic accident report, a field photograph, or a CCTV image split, a CCTV CD, each medical certificate, and a opinions on opinions;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The defendant's negligence is more severe than the defendant's fault due to shocking the victim who had a crosswalk in violation of the duty to protect pedestrians.

The victim suffered serious injury due to the instant crime, such as paralysis.

The favorable circumstances: Recognizing the crime, the mistake is divided.

Along with the victim, the agreement was reached.

It is the first crime.

In addition, the defendant's age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, etc.

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