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(영문) 인천지방법원 2014.04.30 2014고단1762
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the operation of B-Li taxi in the Republic of Korea.

On August 26, 2013, at around 18:35, the Defendant proceeded two lanes in front of the Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan Gyeyang-gu's Calculation Agenda 57-41, at a speed of about 50km per hour in the direction of the Gyeyang Police Station in the direction of the Gyeyang Police Station.

Since there has been a place where the crosswalk signal is installed, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed, follow the signal, and see the right and the right and the right of the road, to check whether there is a pedestrian or not, and to prevent the traffic accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to stop on the part of the Defendant’s vehicle, who crossed the pedestrian signal of the crosswalk to the right side on the left side of the Defendant’s vehicle according to the pedestrian signal on the crosswalk by negligence in the course of his duty.

As a result, the Defendant suffered injury, such as cutting off and closing a ductal frame, which requires approximately 14 weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area among the injuries caused by traffic accidents in the course of the general traffic accidents: Where the illegality in the proviso to Article 3 (2) of the Special School Traffic Act is serious (where the violation of any signal, the violation of any duty to protect pedestrians on the crosswalk, and the violation of any duty to protect pedestrians on the crosswalk, the relevant mitigated element of the punishment is not imposed;

2. In light of the fact that the defendant's negligence in the decision of sentencing is serious and the victim suffers serious injury, the defendant should be punished strictly.

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