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(영문) 춘천지방법원 원주지원 2015.01.21 2014고단1111

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who drives C Poter Cargo Vehicles.

On November 3, 2014, the Defendant driven the above cargo vehicle at a speed of about 25 km from the innovation apartment to the innovation city at a speed of about 25 km.

당시는 어두운 새벽녘이고 그 곳은 횡단보도가 설치되어 있는 곳이므로 자동차를 운전하는 사람은 보행자의 유무를 잘 살펴 안전하게 운전하여야 할 업무상 주의의무가 있었다.

Nevertheless, the defendant neglected to do so and did not find out the victim D (W, 47 years old) who passed the crosswalk from the left side of the defendant's moving direction to the right side, and received the body of the victim from the front part of the cargo vehicle of the defendant, and had the victim go beyond the floor.

As a result, the Defendant suffered injury, such as leaving the victim undergo approximately 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident and first type;

(b) General person: Aggravation factors (serious injury, crosswalk accident), mitigation factors (Purchase of comprehensive motor vehicle insurance, criminal punishment without any force, serious reflects); and

(c) Scope of recommendations: Basic area, April to October;

3. Determination of sentence: Six months of imprisonment without prison labor, one year of suspended execution, 40 hours of community service order, and 40 hours of order to attend a lecture (limited to reasonable circumstances), the purchase of a comprehensive automobile insurance, the absence of criminal records, and any unfavorable treatment.