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(영문) 인천지방법원 2017.01.19 2016고단6977
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Csch Rexton car.

On October 1, 2016, the Defendant came to proceed from the shooting distance of the New Trie Park, which is located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, 22, to the new reproduction distance from the right side of the Bupyeong-gu, Bupyeong-gu, Incheon, about 20km each other at a speed of about four lanes, whichever is about 20km each other.

Since there was an intersection where signal lights and crosswalks are installed, there was a duty of care to safely drive a motor vehicle in accordance with the new code after checking the front door and left and right of the motor vehicle driving, and checking whether there is no person to build the crosswalk.

Nevertheless, the Defendant neglected this and was negligent in driving the vehicle on the right side of the above car in violation of the signal while the signal of the vehicle was red and green pedestrian signal was occupied by the victim D(61) where the Defendant loaded the bicycle on the right side of the above car.

As a result, the Defendant suffered injury, such as the 12 weeks of medical treatment, due to the above occupational negligence, to the victim, such as the felb above the part of L1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on the site and vehicle photographs;

1. The grounds for sentencing under Article 3(1) and proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, concerning criminal facts, are primary offenders who have no criminal history. The injured party is covered by a comprehensive insurance policy. The injured party is not in compliance with the method of passage of the bicycle crosswalk under the Road Traffic Act, but gets on a bicycle and getting on the crosswalk, thereby causing the injured party’s mistake in the governance of the crosswalk to expand the damage caused by

In addition, it is difficult to lead a normal vocational life due to the increase of gender, and there is a situation where it is economically difficult to do so, and after the conclusion of the pleadings, some of the damages incurred by the victim has been deposited, and then his mistake has been late.

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