(영문) 인천지방법원 부천지원 2017.07.13 2017고단1225

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(영문) 인천지방법원 부천지원 2017.07.13 2017고단1225

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

Around 22:40 on April 20, 2017, the Defendant was driving the front road of the Nowon-gu, Seoul, and the front road of the 22:40 on the road, and the Defendant was driving the Hatobba, along three lanes from the right side of the Hatocheon-gu, Seoul. At night, there is a crosswalk where signal lights are installed at the night, and at that night, there is a pedestrian crossing where signal lights are installed. Therefore, despite the duty of care to check whether a person is a driver, and to safely drive the Hatoba, the Defendant was negligent in failing to neglect the duty of care to safely drive the Hatoba in violation of the vehicle stop signal, and did not discover the victim D (26 ) who walk the Hatoba and caused the victim to suffer injuries, such as taking part of the victim's left part on the front side of the Hatoba-gu, and allowing the victim to take care of the 5 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D (List 8);

1. A survey report (List 1), and a diagnosis report (List 5);

1. Application of photograph (List 2) Acts and subordinate statutes;

1. The criminal facts of this case, Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the circumstances favorable to the defendant's reasons for sentencing of imprisonment without prison labor (the defendant has not been led to confessions or any previous convictions), and circumstances unfavorable to him (in spite of the previous and one time, he has violated the signal, and has a significant amount of damage caused by pedestrians to commit the crime of this case. The defendant, after the occurrence of the accident, she was frighten, frighted the crosswalk according to the pedestrian signals after the accident, and frightened the victim

The reason is that the terms and conditions of the agreement presented by the victim in the currency with the victim do not appear in mind, as well as in accordance with the fact that the agreement was made with the victim.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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