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(영문) 인천지방법원 2018.10.24 2018고단6391
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On July 26, 2018, the Defendant driven the above car at around 10:30 on July 26, 2018, and moved the intersection of the private distance of the Incheon Gyeyang-gu, Incheon, to a right-hand side of the operation.

Since the intersection has a crosswalk with a signal apparatus for pedestrians, in such a case, there was a duty of care to safely proceed by checking whether a person engaged in driving a motor vehicle is a person walking the crosswalk according to the signal apparatus for pedestrians.

Nevertheless, the Defendant neglected this and failed to find out the victim C (the age 52) walking along the crosswalk installed in the area of the operation bypassing the intersection as it is, according to the green signals of the pedestrian signal apparatus for pedestrians, and shocked into the front part of the said vehicle.

As a result, the Defendant suffered injury, such as flaver pulver pulver pulver pulver pulver pulver pulver pulvers to the left side, which requires approximately 12 weeks medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in the area where the sentencing criteria are mitigated (one month to eight months) (a person who is subject to special sentencing];

2. The crime of this case, where the defendant, while making a right-hand right-hand at the intersection, suffered injury by shocking a person who has walked pursuant to the green signals of the crosswalk, the crime of this case is not provided against the nature of the crime. The victim is weak due to the traffic accident of this case.

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