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(영문) 인천지방법원 2013.10.31 2013고단2018
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 of a C Poter cargo vehicle.

On March 9, 2013, the Defendant driven the above cargo vehicle on March 11:45, 2013, and proceeded with the three-lane road in front of the 13-lane 17-dong, Yeonsu-gu, Incheon Metropolitan City.

The location is a three-distance intersection where the sign before the non-protection line is installed, and there is a crosswalk with a pedestrian signal apparatus installed at the front of the road, so there was a duty of care to check whether there is a person engaging in driving of a motor vehicle to reduce speed and to see well the right and the right of the road.

Nevertheless, according to the green light of the above pedestrian signal apparatus, the defendant neglected this and proceeded to the left, and caused the victim D (the 51-year old age) to cross the above crosswalk from the right side to the left side to go beyond the floor of the above cargo vehicle.

Ultimately, the Defendant suffered brain injury, etc. to the victim for about 15 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report and field photographs;

1. Application of the medical certificate and the fact-finding reply statute;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts.

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