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(영문) 수원지방법원 2015.03.25 2015고단140

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 has driven a cchip in the course of business as a proxy driver.

On October 19, 2014, around 00:02, the Defendant proceeded at the speed of 40 km/h each hour in the direction of tri apartment at Gungwon University, a three-lane of the four-lanes in front of the Hanwon-si Hanwon-si, Hanwon-si.

In such cases, a person engaged in driving service has a duty of care to temporarily stop in the front line of the crosswalk and to protect pedestrians crossing the crosswalk in the pedestrian signal.

Nevertheless, the Defendant neglected this and proceeded on the right side of the above vehicle in contravention of the signal and brought the victim D (the age of 19, female) to the left side of the crosswalk on the pedestrian signal of the above vehicle with the front headlight of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cerebral cerebrovassis, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. A traffic accident report;

1. A medical certificate (E hospital, 36 pages of investigation records), medical opinion (a doctor's hospital, and 54 pages of investigation records);

1. Application of the photographic Acts and subordinate statutes by cutting booms and video images of vehicles;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and 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 in Article 62-2 of the Criminal Act [the scope of recommendations] is the case where the illegality in the proviso of Article 3(2) of the School Special Act (the case of a person under special guard) is serious in the area of aggravation ( August to January 6) of the first category of traffic accident (the injury caused by traffic accident) [the case of a person under special guard] [the decision on the sentence of sentence] recognizes and reflects the fact of crime, and the defendant is the aged and