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(영문) 인천지방법원 2018.08.13 2018고단4454
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of BGX cargo vehicles.

On March 23, 2018, the Defendant driven the above vehicle around 12:30 on March 23, 2018, and driven the front road of Seo-gu Incheon, Seo-gu, Incheon, at a speed of about 20 kilometers per hour among six lanes in the direction of filial zone.

At this point, there was a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the signals of the intersection and the crosswalk, because the intersection and the crosswalk are installed adjacent to them.

Nevertheless, the Defendant neglected this and neglected to stop on the crosswalk but failed to stop on the crosswalk, and due to the negligence of bypassing at the right side of the road at the time, the part on the right side of the bicycle driven by the victim D(72 ) who boarded the bicycle in accordance with the signals of the crosswalk at the port side of the road at the time, was placed in front of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim D due to the above occupational negligence, such as a bruption of the progress requiring approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (victim D telephone communications);

1. Application of the medical certificate, each photographic statute;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to one year) of the types of general traffic accidents (no person subject to special sentencing];

2. The crime of this case, which is determined to be sentenced, was committed by the defendant while driving a cargo, by negligence, by driving a bicycle in accordance with the signals of the crosswalk.

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