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(영문) 인천지방법원 부천지원 2020.07.22 2020고단1154
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a VF100 FOba with the duty of driving it.

Around 12:32 on February 23, 2020, the Defendant driven the above Oralba, and turned ahead of the D-dong of the building Kimpo-si, Kimpo-si, at a speed of about 30 to 40km from the edge of the hospital to the long-term distance.

Since there is a crosswalk installed along with signal lights on the front door, in such a case, there was a duty of care to ensure that a person engaged in driving the motor vehicle complies with the traffic signal prior to the entry of the crosswalk and to safely drive the crosswalk after checking whether there is a pedestrian, and to prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to stop the vehicle signal while he violated the signal, thereby putting on the right side of the crosswalk in line with the victim F (F, 70 years old)’s left side side side of the crosswalk, which was cut on the port from the right side of the crosswalk, by negligence, and received the front wheels of the Lao.

After all, the Defendant suffered from the above occupational negligence that caused the closure of the body body body of the light frame, accompanied by a non-alleys (all parts) in need of treatment for about 16 weeks.

Summary of Evidence

1. Application of Acts and subordinate statutes to criminal investigation reports (victim F telephone conversations), such as the defendant's legal statement, actual condition investigation report, report on the occurrence of traffic accidents, scene of accident, photograph of the accident vehicle, etc.;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, without complying with the signal, driven by the defendant without complying with the signal, shocked the victim who dried the crosswalk, and the victim's injury is serious, and thus the defendant's responsibility is not somewhat weak.

However, the attitude that all the defendants have committed crimes is recognized and reflected.

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