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(영문) 인천지방법원 2014.10.01 2014고단4995
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

The defendant is a person who is engaged in driving service as a bridger.

On April 28, 2014, the Defendant driven the above vehicle on April 28, 2015, and moved the school distance to the direction of the court from the direction of the new market to the direction of the distance of the court.

Since there are crosswalks on the right side of the right side of the course distance on which signal lights are installed, the driver of the motor vehicle had a duty of care to check whether there is a person driving the motor vehicle, and to safely drive the crosswalk in order to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and makes it a right-hand.

According to pedestrian signals, the victim D (the age of 22) who stands on the left-hand side of the crosswalk was shocked with the back-side wheels of the Tracker.

Ultimately, the Defendant stated by such negligence that the victim’s charge of approximately seven months requires treatment for at least eight months. However, according to the evidence records 37,38, the victim was diagnosed for at least six weeks from April 28, 2014, which was after six weeks from April 13, 2014, since the victim was diagnosed for at least seven months, the victim was diagnosed for at least seven months. As such, the period of treatment is recognized as at least seven months.

Three degrees of not requiring treatment were damaged by images, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

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

1. Not subject to punishment for the mitigated area (one to six months) (special mitigation) of the first category, general traffic accident, the scope of which is recommended, shall be limited;

2. The defendant's decision of sentencing did not have any minor negligence and did not put a serious injury to the victim, but on the other hand, the above special mitigation factors and reflects them.

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