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(영문) 인천지방법원 부천지원 2019.06.14 2019고단679
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a B M& car.

On January 4, 2019, the Defendant driven the said car at around 23:40, and proceeded with the front of the “D” crosswalk in Bupyeong-si, Seocheon-si, with approximately 20 km speed from E to the side of the viewing room.

Since the location is a private street crossing in which a crosswalk is installed and the yellow light is on and off, in such a case, there was a duty of care to check whether a person engaged in driving service has a duty of care to safely drive the crosswalk by reducing the speed and checking the right and the right and the right of the crosswalk.

Nevertheless, the defendant neglected this and got the victim F (Nam, 61) who was crossing the crosswalk from the right side of the defendant's vehicle running on the right side to the left side, to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. A report on generation, a report on actual condition, and photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. In this case, the defendant who is sentenced to a sentence shall proceed with the crosswalk in which yellow lights, etc. are on-and-off at night.

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