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(영문) 인천지방법원 2013.10.23 2013고단5790
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 one year 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 the Category B mining groundr.

On June 14, 2013, around 06:00, the Defendant was driving a three-lane road in front of the same traffic in the south-dong, Incheon Metropolitan City, at approximately 355 kilometers from the north-gu, the direction of the crosswalk was about 25 km from the north-gu, the direction of the road at the speed of the city, depending on the two-lane distance from the north-do, the direction was passed.

The location is a crosswalk where signal lights are installed, and at the time, the victim C (V, 66 years old) passed the crosswalk, and thus, a person engaged in driving a motor vehicle is obliged to temporarily stop in front of the crosswalk in order to stop in line with the signals indicated by the signal apparatus and not to obstruct or endanger the passage of pedestrians, and to accurately operate the steering wheel, brakes and other devices of the motor vehicle, and to ensure the traffic conditions and the right and the right and the right of the road, and to prevent the accident by driving the motor vehicle in good manner.

Nevertheless, due to the negligence that the defendant proceeded on the red signal in violation of the signal, the defendant sent the bridge to the right side of the victim, who is a pedestrian who walked on the crosswalk from the right side of the defendant's proceeding to the right side.

As a result, the Defendant suffered injury, such as imprisoning the right-hand part of the 12 weeks of medical treatment, by negligence in the above occupational negligence, the Defendant suffered injury, such as imprisoning the pelon of the pelon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. This case’s reason for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) is the case where the defendant violated the signal and caused a traffic accident that shocks the victim walking along the crosswalk while driving the crosswalk.

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