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(영문) 인천지방법원 부천지원 2016.04.08 2016고단143
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK5 vehicles.

On January 4, 2016, around 18:50, the Defendant driven the front road D in front of the Nowon-gu, Seocheon-si, Seocheon-si into the ground of a heating combined power plant from the gymnasium room to the ground of a heating combined power plant.

Since there is a crosswalk, and a yellow flickering, etc. is installed, 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 crosswalk by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and failed to continue to proceed on the front side by neglecting it, and caused the victim E (the age of 49) to build the crosswalk from the right side of the Defendant's proceeding to the left side.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand flag, which requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, reports on the occurrence of traffic accidents, and medical certificates;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area of Article 62(1) of the Act on the Suspension of Execution (the decision of sentence for traffic accidents) / [the decision of April to October] The crime of this case was committed by negligence by violating the duty to protect the victim on the crosswalk without signal, etc., and thereby causing injury to the victim. In light of the degree of injury, the crime of this case is not easy in light of the degree of injury. On the other hand, in 193, 1.5 million won was punished by a fine in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and there was no same criminal record except that of the defendant, the vehicle of this case is against his own mistake, and the vehicle of this case is insured by the Financial Cooperative, and other circumstances after the crime were committed.

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