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(영문) 인천지방법원 2015.11.12 2015고단5190
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 the operation of a wing-wing vehicle.

On August 4, 2015, around 19:55, the Defendant proceeded at the speed of the Si speed, from the airport zone to the 1st intersection, the third distance in front of the front point of the 51 Yamaart in Jung-gu Incheon, Jung-gu, Incheon.

Since the location is traffic control by signal apparatus and crosswalks are installed, the defendant, who is engaged in the driver's duty of care, has a duty of care to live well before and after the vehicle in accordance with the front line, and prevent the accident by driving the vehicle.

Nevertheless, the defendant neglected this and caused the fault of the pedestrian signals of the crosswalk to go on the right side of the victim E (the age of 43) who walked along the crosswalk from the right side of the direction of the proceeding to the left side of the crosswalk.

As a result, the Defendant suffered injury to the victim, such as a closed charnel, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (1) and a traffic accident report (2);

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

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. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the order to attend a lecture [decision of types] for general traffic accidents (the person causing a traffic accident) - Where illegality in the proviso of Article 3(2) of the Act on the Special Cases concerning the Aggravated Punishment of Traffic Accidents is serious [decision of the recommended field] [decision of the recommended area] increased area [the scope of recommendation] 8 to 1 year and 6 months [the general person] reduced area] - there is no heavy injury, other than serious injury.

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