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(영문) 수원지방법원 성남지원 2014.09.18 2014고단1677

교통사고처리특례법위반

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

Criminal facts

On June 4, 2014, the Defendant was driving B Poter cargo on June 11, 2014, and led to turn to the left at the left-hand distance from the border of the National Bank of Korea, which is located prior to the 98 Gyeong-ro, Gwangju City.

Since the location is the intersection where the center line and the crosswalk are installed in the yellow-ray, in such a case, there was a duty of care to check whether a person who is engaged in driving a motor vehicle has a duty of care to safely drive the crosswalk by viewing the front line and decreasing speed while complying with the tea line.

Nevertheless, the Defendant neglected this and neglected to turn left the center line, and did not find out the victim C (n, 65 years old) who walked along the crosswalk to the port from the right side of the defendant's right side, and caused the victim to go beyond the road by shocking the head of the victim with the left side of the freight of the defendant.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the mouth of an inner reproduction, which requires approximately six weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Statement of opinion;

1. Application of field photographs and case-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor under Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (including the fact that vehicles are covered by a comprehensive insurance, the fact that the vehicles are recognized of mistake and reflects, and the fact that there is no record of punishment other than the minor fine prior to the two times, etc., and the parts and degree of the victim's injury, the age, character and conduct of the defendant, and the environment, etc., taking into account all the