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(영문) 수원지방법원 안양지원 2018.12.06 2018고단1654

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 a wing-III truck.

On August 14, 2018, the Defendant driven the above vehicle at around 02:20 on August 14, 2018, and driven the three-lane of the crosswalk in front of the 1 Dong community service center in Gunpo-si, Gunpo-si, Gunpo-si, toward the side of the military elementary school in the vicinity of the bank.

At the time of the accident, there is a crosswalk where signal lights are installed at the front of the accident, so the person engaged in driving service has a duty of care to check whether there is any person who gets on the way to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, due to the negligence of neglecting this, the victim C (25) who was a pedestrian at the right-hand side of the driving direction of the defendant's vehicle, which had a crosswalk in accordance with the pedestrian signals, was shocked to the left-hand side of the defendant's vehicle to go beyond the road.

As a result, the Defendant suffered injury, such as a ductal ducts, accompanied by a ducts that require approximately seven weeks of treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 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 on the stay of execution (see, e.g., reflective points and agreed points with the victim);