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(영문) 수원지방법원 성남지원 2019.03.07 2018고단2270

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 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 Poter cargo vehicles.

On August 29, 2018, the Defendant driven the above cargo vehicle around 09:45, and led the front road in front of the Sinnam-si C along the three-lanes in the direction of the ero-dong distance along the three-lanes.

It is a place where signal lights and crosswalks are installed, so in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and neglected to stop the vehicle signal, and the victim D (D, 31) who was crossing the crosswalk on the right side from the left side of the defendant who proceeded in violation of this, was found to be the front side of the cargo vehicle of the defendant.

In the end, the Defendant suffered serious injury, such as brain-dead 16 weeks of medical treatment by occupational negligence, spawn, spawn spawn, spawn spawn at the left side, and spawn at the left side.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A medical certificate;

1. Reports on traffic accidents and investigation reports (verification as to whether victims have serious injuries);

1. Application of the Acts and subordinate statutes to photograph a site photograph of an accident, on-site map of a traffic accident, or a photographic image data taken at the time of the accident;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] The basic area (four to one year) of the first type of traffic accident (the determination of a sentence of traffic accident) [the determination of a sentence] of the instant accident, the victim suffered serious injury, and the degree of violation of the duty of care that led to the accident is relatively heavy, and the liability for the crime is not absolute.

Provided, That the victim is a victim.