beta
(영문) 의정부지방법원 2015.10.02 2015고단2308

교통사고처리특례법위반

Text

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

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 is engaged in driving freight B.

On March 3, 2015, the Defendant driven the above cargo vehicle at around 07:40, and driven three lanes in the direction of the new direction from the departure point to the new direction.

There are crosswalks in which signal lights are installed on the front side, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and properly operate the brake and steering gear.

Nevertheless, the Defendant neglected this and got a victim C (the age of 56) who crossed the crosswalk from the right side to the left side in accordance with the pedestrian signals by negligence in violation of the signal as it is, however, was placed in front of the freight of the Defendant.

As a result, the Defendant suffered approximately 12 weeks from the above occupational negligence to the victim from a brush flusium in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph CCTVs, on-site photographs, and melting vehicles by capturing CCTVs;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendation] of the Act on the Order of Community Service and Order to Attend a lecture: In the case where the illegality in the proviso of Article 3(2) of the Specialized School Act is serious [the sentence of sentence] for August, suspension of execution, two years of community service, 160 hours in compliance driving lecture: The defendant's negligence by operating a vehicle in violation of the signal and causing a serious injury to the victim crossinging the crosswalk, requiring about twelve weeks of medical treatment.