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(영문) 인천지방법원 2019.10.25 2019고단4778
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 the duty of driving B kniff vehicles.

On April 9, 2019, the Defendant driven the above vehicle on April 11, 201:47, and led the front road of Gyeyang-gu Incheon to turn to the left at the right edge of the alternate distance from the area of the old military cemetery.

Since there is a crosswalk where a pedestrian signal, etc. is installed, there was a duty of care to safely drive the vehicle and prevent accidents by safely driving the vehicle, such as checking the front door and the right and the right and the right and the right and the right and the right and the right and the right of the driver, and checking whether there is a pedestrian walking on the crosswalk.

Nevertheless, the Defendant neglected this and got the victim D (the age of 53) who walked along the above crosswalk as a vehicle of the Defendant’s driver according to the new head of the above crosswalk due to negligence and caused the victim to go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as the abundance of the 2nd century, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each written diagnosis;

1. Application of the attached Acts and subordinate statutes, such as a traffic accident occurrence report, actual condition investigation report, on-site photographs;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. Determination of sentence: The defendant's vehicle is liable for the liability insurance, according to the circumstances unfavorable to the defendant, such as the fact that the defendant was grossly negligent in shocking the victim who dried the crosswalk, the extent of damage is considerable in light of the part of the victim's injury and the treatment period;

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