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(영문) 창원지방법원 밀양지원 2020.07.23 2020고단224

교통사고처리특례법위반(치상)

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 driving of a cargo vehicle of Class B and Class III.

At around 09:47 March 20, 2020, the Defendant, who was driving and driving the above cargo vehicle, was driving at the intersection of the front distance of D, who was in the military, to the Young IC.

There is a duty of care to observe the signal, to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and entered the intersection as it was without stopping the yellow signal, and received the victim F (the 85 years old) who was a crosswalk on the left-hand side of the pedestrian signal from the right-hand side of the course to the right-hand side of the cargo vehicle that the Defendant driven.

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

Summary of Evidence

1. The police statement concerning G;

1. An actual condition survey report, a report on the occurrence of a traffic accident, a site photograph of an accident, a medical certificate, and a traffic accident analysis report;

1. Application of statutes to each investigation report (including attached data) on the screen screen to the closure of CCTV images for crime prevention and each investigation report (including attached data);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act does not include any case in light of the degree of injury of the victim; however, the defendant reflects his depth on the crime; the victim does not want the punishment against the defendant under an agreement with the victim; and