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(영문) 인천지방법원 부천지원 2018.06.07 2018고단611
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the operation of a motor vehicle with sod vehicle from C.

On February 1, 2018, the Defendant driven the above car at around 18:35, and led the front of the Da road at the time of Seocheon-si to the front of the 3 Dong community service center from the 6th entrance of the Dong-si.

Since there is a road on which a crosswalk is installed, there was a duty to temporarily stop in front of the crosswalk so as not to obstruct or endanger the crossing of pedestrians and to accurately manipulate the brake system in order to prevent accidents.

Nevertheless, the Defendant was negligent in driving along the crosswalk, and the Victim E (62) and Victim F (57 years old) were placed in front of the right side of the Defendant’s passenger car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as crypt salt, tensions, etc. requiring approximately two weeks of medical treatment, and the injury to the victim F, such as the closure of external side which requires approximately seven weeks of medical treatment to the victim F, and the injury to the crypt, which is a crym of human combination, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on traffic accidents and on-site photographs;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service - The defendant recognizes and reflects wrongs, and the first offense is the first offense.

- The victims of the crosswalks are at fault, and the victims are at fault, and in particular, the victims F are at least seven weeks of medical treatment, and the degree of the injury is very significant.

However, there was a situation in which it is difficult to find pedestrians due to the car parked on the side of the open road, and the defendant.

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