(영문) 인천지방법원 2014.03.20 2013고단1365

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(영문) 인천지방법원 2014.03.20 2013고단1365

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for 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 Crosch Rexroth.

Around 17:40 on January 18, 2013, the Defendant driven a above 17:40 square vehicle, and led to a three-lane road of the vice-dong 301-34, Bupyeong-gu, Incheon, Bupyeong-gu, to the speed of about 30 km from the boundary of the sub-sponsing distance to the boundary of the sub-sponsing distance.

Since there is a crosswalk where signal lights are installed at the front of that place, there was a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the driver of the vehicle, and to drive safely according to the traffic signal.

Nevertheless, the defendant neglected this and did not discover the victim D (71 years old) who has dried the crosswalk from the right side of the vehicle in the direction of the defendant's vehicle to the left side by disregarding that the traffic signal is a stop signal, and did not discover the victim D (71 years old) and did not go beyond the ground by taking the victim's body back to the right side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during approximately eight weeks of medical treatment, such as blood transfusion, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. A medical certificate;

1. The application of Acts and subordinate statutes of an investigation report (a copy of the output of black stuffs);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no previous record of the same kind, that there is a comprehensive insurance coverage, and that there are some parts to be considered in the circumstances where an emergency patient is

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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