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(영문) 인천지방법원 2016.11.17 2016고단3963
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a cruise car.

On March 15, 2016, the Defendant driven the above car on March 15, 2015, and turned the three-lane road in front of the Nam-gu Incheon Metropolitan City C from the coast to the south-dong Office at a speed of about 43 km per hour depending on two-lanes.

Since there is a place where signal lights and crosswalks are installed, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce speed and to check the right and the right and the right and the right and the right are well and to drive safely according to the new code.

Nevertheless, the Defendant neglected to stop and proceeded with a stop signal, and the Defendant got the victim D (eight years old) who was going to the left from the right side of the Defendant’s vehicle to the port according to the pedestrian signals of the crosswalk.

Ultimately, the Defendant suffered injury, such as bad faith, in which the victim cannot know the number of days of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Reporting on investigation (verification of serious injury);

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. For the reason of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act, the Defendant, in violation of the signal, was driving on the road by disregarding the vehicle stop signal, and caused the instant crime to cause serious injury to the children of 8 years old who have dried the crosswalk according to the pedestrian signal by shocking them, and causing them to suffer an incomplete death or paralysis, etc., but the Defendant was an initial offender with no criminal power, and the harming vehicles subscribed to the comprehensive insurance.

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