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(영문) 인천지방법원 부천지원 2014.08.22 2014고단1428
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a rocketing vehicle.

On April 2, 2014, the Defendant driven the above vehicle on April 17, 2017:40, and proceeds directly from the direction of sub-dried viewing at the road home flusing point in front of the Samsung Service Center 267 Samsung-gu, Seocheon-gu.

Since the location has a crosswalk where signal lights are installed, the defendant has a duty of care to drive safely according to the new code.

Nevertheless, by neglecting this, the Defendant was negligent in proceeding in violation of the signal that the vehicle driving signal is a stop signal and in violation of the signal as is, and when the walking signal riding on the left side from the direction of the proceeding to the left side is green, the front wheel part of the bicycle driving by the victim D (W, 6 years old) who was crossing the crosswalk was driven by the victim D (W, 66 years old) was driven ahead of

Ultimately, the Defendant suffered injury to the victim, such as blood transfusions and the bones of the closed head, etc., which require approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and diagnostic certificates;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively taking into account all the circumstances, including the fact that the criminal is led to confession and reflective acts, the fact that the automobile comprehensive insurance is subscribed, the first offender, and the fact that there are family members to support);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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