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(영문) 인천지방법원 2019.09.26 2019고단3680
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

On April 29, 2019, the Defendant was a person who is engaged in driving a rash car, and was driving the said car on April 13:25, 2019, and had the road front of the “D convenience store” located in the Jung-gu Incheon Metropolitan City, left left at a fluorous speed from the airspace of the extension of the city.

At all times, crosswalks are installed in the front, and the defendant discovered that the victim E (n, 41 years of age) crosses the crosswalks installed in the front. In such a case, the driver of the vehicle has a duty of care to stop temporarily and make it possible for the driver of the vehicle to look at the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of way.

Nevertheless, the defendant neglected to do so and proceeded on the right side of the crosswalk and got the victim's left-hand jum, who crossed the crosswalk to the left-hand side, to go beyond the ground by taking the front part of the rash car driving by the defendant.

The Defendant suffered injury to the victim by occupational negligence, such as the cutting of a ductal aggregate, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts; Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: General traffic accidents [Type 1] basic area [the scope of recommendation and recommendation], the basic area of the injury from traffic accidents [the recommended area and the scope of recommendation], April through one year [the general person] - 4 months through one year [the mitigated elements]: In cases where comprehensive motor vehicle insurance - an aggravated factor has occurred, which is not a serious injury;

2. Determination of sentence: April of imprisonment without prison labor, one year of suspended sentence, the age, character and conduct, environment, circumstances after crimes, etc. of the defendant.

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