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(영문) 인천지방법원 2019.10.24 2019고단6557
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B.

On August 7, 2019, the defendant operated the above car at around 09:20 on August 7, 2019, and entered the above intersection at the intersection of Yeonsu-gu Incheon Metropolitan City, and one-lane between the two-lanes, and then came to turn to the left at an irregular speed.

However, at the time, the Defendant got to turn to the left in accordance with the signals of the non-protective Zone, and there was a crosswalk where signal lights are installed at a point that deviates from the intersection, and thus, the Defendant had a duty of care to drive the person engaged in driving service in accordance with the new code and temporarily stop the road with a safety distance on the crosswalk so that pedestrians can safely cross the road.

Nevertheless, the Defendant neglected such duty of care and did not find the victim F(n, 64 years old) at the left side of the crosswalk installed at the above intersection, and did not find the victim F(n, 64 years old) at the right side of the vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as “Scarin T1 and T 12 pressured pressured pressured at the end of T 12” which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Penalty surcharge of KRW 4,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. The defendant's liability is based on the degree of injury of the injured party for the reason of sentencing under Article 59 (1) of the Criminal Code (hereinafter referred to as "contributative circumstances") of the suspended sentence.

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