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(영문) 인천지방법원 2014.05.14 2014고단329
교통사고처리특례법위반
Text

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

However, 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 a C-A-Wed XD car.

On December 20, 2013, the Defendant driven the above car at around 11:00, and made the front road of 249-7, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon to turn to the left at about 10km per hour from the new-dong jurisdiction to the jurisdiction of the Incheon Women's Hospital.

On the one hand, there is a crosswalk where signal lights are installed, so it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim D(57 years of age) who was crossing the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence that continued to progress at the same speed, even though the signal was changed to the stop signal, and immediately operated the crosswalk, but did not avoid it and did not go to the right side of the victim, and did not go beyond the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slot part of the side spawn in need of treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and the accident site photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

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

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

1. Aggravationd area among the injury of traffic accidents caused by general traffic accidents: From August to June of year (Special Aggravationd person): Where illegality is serious in the proviso of Article 3(2) of the Special School Traffic Act (applicable to more than two provisos due to the violation of signal and the violation of duty to protect pedestrians at crosswalks).

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