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(영문) 전주지방법원 2014.09.19 2014고단1089

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B truck.

On April 10, 2014, the Defendant driven the above truck on April 10, 2013, and continued to run the alleyway in front of the bus terminal 6-3, the front side of the Simsung-gun, Masung-gun, Seoul, at a speed of about 20km from the direction of the safe market to the safe post office.

Since there is a large number of people crossing a vehicle and a road which stops on either side or side of a terminal, there was a duty of care to reduce speed and to safely drive the vehicle in front of the terminal.

Nevertheless, the defendant neglected his duty of care and neglected the duty of care, and neglected the fault of the victim C (the 64 years of age) who has loaded the goods from the right side of the defendant's proceeding direction to the back side of the truck.

As a result, the Defendant suffered injury to the victim, such as the mouth and openness of the following bridge parts, which require approximately 16 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. On-site photographs;

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, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Article 16 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the Defendant’s reasons for sentencing of imprisonment without prison labor, which resulted in an injury of 16 weeks to the victim due to the instant crime. Although the instant vehicle is covered only by liability insurance and thus is not adequate to recover damage to the victim, the Defendant is highly likely to be subject to criticism in light of the following: (a) the Defendant consistently fails to reach an agreement with the victim and did not make a minimum deposit; and (b) the Defendant is led to the confession of