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(영문) 인천지방법원 2018.10.24 2018고단6112
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a low-priced car.

On July 11, 2018, the Defendant driven the above car at a speed of about 30km per hour according to the speed of 10km from the family side of J Mart, which is located in Seo-gu Incheon, Seo-gu, Incheon, to drive the car at a speed of about 30km per hour.

Since there are crosswalks with traffic signal apparatus installed and children protection zones, in such cases, drivers have the duty of care to drive in accordance with the new subparagraph by lowering the speed, keeping the front door and the left door well, protecting pedestrians, and driving in mind while paying attention to the safety of children.

Nevertheless, due to the negligence that the Defendant neglected to stop the vehicle while the signal was in progress, the Defendant got off the victim K (the age of 12) who cross the crosswalk from the right side to the left side in accordance with the pedestrian signals by driving the vehicle in front of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as cutting down on the left-hand bed, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The K's statement;

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

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

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

1. Where the illegality in the basic area (from April to one year) (excluding a person subject to special sentencing) of the category 1 (excluding subparagraph 8) of the General Traffic Accidents Act is serious (aggravating) in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act, or the punishment is not mitigated;

2. The offense of this case by which a sentence is to be sentenced is to be committed by the defendant, by negligence, who has walked the crosswalk in the child protection zone.

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