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(영문) 인천지방법원 2019.10.31 2019고단5709
교통사고처리특례법위반(치상)
Text

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

At around 13:30 on July 4, 2019, the Defendant proceeded at the speed of two lanes, one of the two-lanes, namely, the roads in front of the Diplomatic Association in Seo-gu Incheon, Seo-gu, Incheon, at the 3-dong side of Yannam-do, and the two-lanes of the roads.

Since there is a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service is a person who gets on the way to reduce the speed and see well the right and the right and the right, and in the case of a stop signal, there was a duty of care to stop on the inside of the stop line.

Nevertheless, the Defendant neglected this and proceeded with the stop signal while neglecting it, and the Defendant was on the front part of the victim E (the 72-year-old 72-year-old her driving side) who opened the way between the crosswalk and the stop line according to the pedestrian signal.

As a result, the Defendant caused the victim to suffer injury, such as cutting the body felbage in need of approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, imprisonment without prison labor

1. The sentence shall be determined as ordered in consideration of all the conditions of sentencing, including the contents of the crime as indicated in the grounds for sentencing under Article 62(1) of the Criminal Act, the degree of injury to the victim, the endeavor of the defendant to recover damage, the age, character and conduct of the defendant and circumstances after the crime;

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