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(영문) 인천지방법원 2019.08.28 2019고단3882
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a X-M car.

On April 3, 2019, the Defendant driven the above car at around 07:10, and made the front road of the D School in Nam-gu Incheon Metropolitan City to turn to the left at a speed of about 20 km from the e-school surface to the e-high school level.

Since a crosswalk is installed, in such a case, a driver has a duty of care to prevent accidents so that pedestrians can walk safely in accordance with the pedestrian signals by temporarily stopping on the stop line and checking the front side and the left side of the stop line.

Nevertheless, the Defendant neglected this and received the victim G (78 years old) who was a pedestrian crossing in accordance with the pedestrian signals from the right side of the course to the left side of the course, as the front part of the automobile of the Defendant.

As a result, the Defendant suffered injury, such as cutting the body of the body of the victim, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to cut booms and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act on the stay of execution (such as the first crime committed by a defendant without any previous conviction, the violation of his/her mistake, and the fact that a vehicle driven by a defendant is covered by a comprehensive insurance);

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