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(영문) 인천지방법원 2014.06.19 2014고단2056
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of CL125.

On 05:25 on 29. 201. 29. 05. 05:25, the Defendant driven the above Otoba, and proceeded at the speed of 50 to 60km each hour on the 366-gil 92-gil, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, the three-lane roads in front of 366-gil 92, Seonam-do.

At this point, there was a crosswalk where signal lights are installed, so there was a duty of care to check whether there is a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the duty of care to drive safely according to the traffic signal.

Nevertheless, the defendant neglected this and caused the victim to go beyond the ground by neglecting that the traffic signal is a stop signal while driving on the opposite side of the above Otoba in the direction of the direction of the passage of the road, by taking the body part of the victim D (74 years old) where the crosswalk was cut on the left side of the road in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, i.e., f., sexual Impactoception, etc., which had no head in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Grounds for sentencing under 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 facts constituting an offense;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic crime, 01. General traffic accident, [1] Injury by traffic accident;

(b) Aggravations: Aggravations (where illegality in the proviso of Article 3(2) of the Private School Act is serious, it falls under two or more provisos).

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