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(영문) 인천지방법원부천지원 2020.10.20 2020고단2601
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a radar car.

On July 1, 2020, the defendant driven the above car on July 21, 2020, and proceeded to turn to the left at the strengthening side of the D in front of Kimpo-si, Kimpo-si.

Since a crosswalk is installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by reducing the speed of the person engaged in driving the motor vehicle and by checking whether there are pedestrians well.

Nevertheless, the Defendant neglected to do so and proceeded with it, and the Defendant was the victim F (V, 28 years of age) and the above-mentioned motor vehicle, which was pushed ahead of the motor vehicle in the above crosswalk, due to negligence.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim F of the victim, such as cutting down the right-of-the-way laps, which requires treatment for about six (6) weeks, and injury to the victim G (Nam, 1) who was on board the baby, with no open vegetative body in need of treatment for about ten (10) days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each of the examination reports on actual condition to the Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. In full view of the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act and the degree of damage, the status of being insured, the primary offender, confession, and rebuttal, etc., the same sentence as the order was determined.

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