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(영문) 서울남부지방법원 2016.10.13 2016고단3616

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 one year 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 CRaba and freight cars.

On April 18, 2016, the Defendant driven the above cargo vehicles around 09:30 on April 18, 2016, and caused the crosswalk 104 front of the "Korean Iblue apartment building" in 119, which is a new road in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to turn to the left at an irregular speed from the opening of the apartment site to the face of the budget.

As the entrance of an apartment with a crosswalk is a road with a large number of pedestrians, there was a duty of care to prevent accidents by properly examining whether a person engaged in driving of a motor vehicle is a pedestrian's attitude, and whether a pedestrian is a pedestrian.

Nevertheless, the defendant temporarily laid the crosswalk in front of the crosswalk, without examining whether there is a pedestrian who walks the crosswalk, and by negligence going on the right side of the defendant's running direction, led the victim D (the age of 51) who dried the crosswalk to the right side, and the victim E (the age of 4) who is his/her dependent, to the front side of the defendant's cargo driver's seat, so that the victims exceeded the victim's floor, and the part of the victim E's her her her her her her her her her her her her her her her

Accordingly, the Defendant’s occupational negligence requires approximately two weeks’ medical treatment to the victim D.

In addition, the victim E suffered bodily injury, such as the body flag in large 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. Application of each medical certificate, 14 copies of photographs, and Acts and subordinate statutes for investigation reports (report attached to additional medical certificates for victims E);

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The conditions that are favorable for sentencing of Article 62(1) of the Criminal Act: