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(영문) 인천지방법원 부천지원 2019.05.31 2019고단181
교통사고처리특례법위반(치상)
Text

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

except that 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 of B 2 vehicles.

On December 4, 2018, the Defendant driven the above vehicle around 19:00, and made it left to the private parking lot (48 national highways) from the side of the public parking lot (48 national highways).

At this point, there was a crosswalk where a signal, etc. is installed to turn to the left, and in such a case, there was a duty of care to reduce the speed for a person engaged in driving of a motor vehicle and to check whether there is a person driving the motor vehicle well, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the defendant neglected to stop the signal, but violated the signal and left-hand turn, and found the signal crossing to the direction of the public parking lot (48th country) on the side of the D High School according to the pedestrian signals, and then found the E (62 years old), the victim F (22 years old), the victim G (63 years old), and the victim G (63 years old) late later, and turned to the ground by shocking the victims in front of the Defendant's vehicle.

As a result, the Defendant caused the victim E by negligence in the above occupational negligence the injury of the abandoned species, etc. accompanied by the acute heart book that requires approximately 12 weeks of treatment, the injury of the victim F, which caused approximately 12 weeks of treatment to the victim F, and the injury of the victim G, which caused approximately 3 weeks of treatment to the victim, such as tear tear, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a photo at the scene of an accident and a CCTV for crime prevention;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, 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. The Criminal Act, the suspension of execution;

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