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(영문) 인천지방법원 2016.11.09 2016고단5166
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 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 village bus.

On April 9, 2015, the Defendant driven the above vehicle at around 09:30 on April 9, 2015, and moved to the right bypass of about 10-30 km each hour from the port side of the East-gu Incheon Southern apartment to the front side of the E Pharmacy.

Since a crosswalk is installed on the front side, there was a duty of care to check whether or not a person engaged in driving of a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and found the victim F (the age of 57) who was walking at the crosswalk due to negligence bypassing it, and immediately proceeded with it to avoid this, but did not avoid it, and had the victim go beyond the ground by taking the right side of the victim's back side with the rear wheels of the vehicle driving.

Ultimately, the Defendant suffered injury to the victim, such as the elblue blue blue blue blue, etc., which requires approximately 16 weeks of medical treatment due to

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. On-site photographs and the actual survey report on traffic accidents;

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

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, the selection of imprisonment without prison labor for a crime;

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

1. Determination of the defense counsel's assertion of Article 62-2 of the Social Service Order Criminal Act

1. The claimed victim's removal of laundry goods, and then go to the right side of the road at the crosswalk, is only the occurrence of the instant traffic accident, and the victim does not intend to cross the road. Thus, the victim cannot be viewed as a pedestrian.

2. The driver of any motor vehicle in Article 27 (1) of the Road Traffic Act shall be the driver of any motor vehicle.

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