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(영문) 인천지방법원 2014.09.03 2014고단5243
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On April 23, 2014, the Defendant driven the above car on April 21, 2014, and proceeded at a speed of 85 lanes in front of the 85-lane, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, with two-lanes from the blick-ro, as the middle-class, in which the two-lanes cannot be known.

In this case, there was a crosswalk where signal lights are installed on the front door, so in which case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle, driving the motor vehicle according to the traffic signal, driving the motor vehicle on the front door and the left door, and to safely drive it.

Nevertheless, by neglecting this, the defendant neglected that the vehicle driving signal is changed to a stop signal, and due to the negligence that the vehicle driving signal is proceeded as is, the defendant's vehicle driving direction was left right side from the left side of the road driving direction of the defendant's vehicle driving zone, followed the part of the victim C (the age 11) who dried the crosswalk in accordance with the pedestrian signals by using the front part of the vehicle of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the blood transfusion from a scam in need of approximately six months of treatment due to the above occupational negligence, and the blood transfusion from a scam in detail, the body frame, and the body frame of the scam.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Blue image photographs of fluored vehicles;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the relevant 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the aggravated area (8 to one year and six months) (special mitigation) of category 1 (the person subject to special mitigation) is not subject to punishment, and a serious injury occurs, among the proviso to Article 3 (2) of the School Specialized Act, the illegality in the proviso to Article 3 (2) of the School Specialized Act is serious (the grounds for two proviso);

2. The fruits of the defendant in the decision of sentence;

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