(영문) 인천지방법원 부천지원 2015.04.03 2015고단396

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(영문) 인천지방법원 부천지원 2015.04.03 2015고단396

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

On December 3, 2014, around 19:33, the Defendant passed a crosswalk where signal lights are installed in the direction of the OBS broadcasting station, along the two-lane road in the direction of the OBS broadcasting station with the two-lane road in order to prevent industrial accidents.

In such a case, it is confirmed whether a person engaged in driving of a motor vehicle gets on a crosswalk by reducing speed and checking well the front door of the road, and in spite of the occupational duty to safely drive the motor vehicle according to the traffic signal and prevent the accident, the victim C, while driving the motor vehicle in violation of the traffic signal, was placed on the left part of the motor vehicle in front of the motor vehicle, was placed on the right part of the victim C, who was carrying the crosswalk toward the right side of the motor vehicle in violation of the traffic signal, and caused the victim to suffer from the shock of emissions No. 4 that requires about 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the photograph;

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

1. The act of negligence on the part of pedestrians on the crosswalk due to a violation of reasons and signals for sentencing under Article 62(1) of the Criminal Act, however, the punishment shall be determined as ordered in light of all the conditions of sentencing, including the fact that the victim did not want the punishment of the defendant, that the victim was covered by a comprehensive insurance, that the defendant is against his mistake, and that the defendant is against the age, happiness environment, etc. of the defendant.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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