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(영문) 인천지방법원 2018.08.22 2018고단4505
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 B, Grandroth.

On May 28, 2018, around 21:22, the Defendant came to turn to the left one way in accordance with the two-lanes of the Dong community service center in front of the Dong community service center located in the 309 Do-ro 4, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu.

At the time of night, there was a road crossing in which signal lights are installed, and thus, there was a duty to prevent accidents in advance by checking whether a person engaged in driving a motor vehicle is a person driving the motor vehicle in accordance with the new code and a person who gets on the crosswalk.

Nevertheless, the defendant did not see the left turn in violation of the signal and caused the victim to go beyond the victim by taking the left part of the victim C (M, 36 years old) who dried the crosswalk in accordance with the pedestrian signals on the front side of the defendant's knife at the front side of the knife.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand leg and the escape, etc. requiring approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A traffic accident report;

1. Each photograph;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection of the fact and the point agreed with the victim);

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