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(영문) 의정부지방법원 고양지원 2013.09.26 2013고단825

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

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

At around 11:00 on March 12, 2013, the Defendant driven an above cargo vehicle and opened the intersection in front of the women's hall located in the gold village at the time of strike from the right side of its original length, but turn to the left at a speed that cannot be known to apartment.

At the same time, crosswalks are installed on the front door, so a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on a road by reducing the speed and by properly examining the front side and the left side, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the victim C (the age of 76) who crossed the marina from the right-hand side to the left-hand side by his negligence, which led the victim C (the age of 76) to go beyond the ground.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

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

1. 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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account that the defendant has agreed with the children of the victim);