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(영문) 수원지방법원 평택지원 2018.11.30 2018고단1231

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 B Kaman vehicle.

On March 29, 2018, the Defendant driven the above vehicle at around 16:00, and led the Defendant to the left turn to the left at the seat of the dead public terminal in the vicinity of the D shop in Ansan.

At the same time, a crosswalk without signal apparatus was installed on the front door, so there was a duty of care to prevent accidents in advance by checking whether there is a pedestrian who gets a pedestrian by reducing speed to a person engaged in driving a motor vehicle and keeping the front door and the right door well, and by safely proceeding.

Nevertheless, the Defendant neglected this and went beyond the above road by taking the front side of the victim E (here, 83 years old) on the left side of the crosswalk from the right side of the Defendant’s course due to negligence, which led the Defendant to go beyond the above road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal of flags, the removal of flag on the left-hand side, the extension of the right-hand side, the extensive heat and the failure to keep on the right-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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 selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommended punishment] No person who does not have the basic area (the period from April to one year of imprisonment without prison labor) [the person subject to special sentencing] [the decision of sentence] negligence and degree of injury, the degree of injury did not reach an agreement with the victim, and the records of the same kind of crime, etc., the liability for the crime is not less than that of punishment, but it is against the acknowledgement of mistake.