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(영문) 인천지방법원부천지원 2020.11.04 2020고단2062
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On April 12, 2020, the Defendant had a signal apparatus and crosswalk installed at the front section of the front section of the street, when driving the road in front of the Seocheon-si, Incheon Metropolitan City as a wing-do road, and therefore, in such a case, the Defendant, who is engaged in the driving of the motor vehicle, has a duty of care to keep the signal well and drive the motor vehicle safely by checking whether or not pedestrians walk the crosswalk.

Nevertheless, the Defendant neglected this and proceeded with the red signal as it is, instead of negligent negligence, received the victim D (Nam, 52 years of age) who walked the above crosswalk as a front part of the front part of the front part of the above crosswalk.

After all, the defendant suffered injury to the victim, such as a strike of the law vagabonds, which requires about eight weeks of treatment, due to the above accident.

Application of Statutes

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to traffic accident reports (1) (2) (2), accident site photographs, and medical certificates;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, without complying with the signal, driven by the Defendant without complying with the signal, shocked the victim, and the injury inflicted on the victim is not less than that of the victim. Although the Defendant had already been punished several times due to the same kind of crime, the Defendant is not less liable than that of the victim.

However, all of the defendants have recognized that they committed crimes, and they have an attitude to reflect.

The victim does not want the punishment of the defendant by endeavoring to recover the damage of the victim.

(The defendant paid the criminal agreement to the victim separately). Other arguments can be seen.

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