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(영문) 수원지방법원 2013.05.07 2013고단501
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a dump truck with B 25.5 tons.

On December 24, 2012, around 10:57, the Defendant came to turn to the left at the direction of the water source from the direction of the water basin.

At the time, the defendant was stopped in the atmosphere and left turn, so there was a duty of care to prevent the accident in advance by safely driving a person engaged in driving a motor vehicle with the front left, while living well.

Nevertheless, the defendant neglected this and did not find out the victim C (70 years of age) who crosses the road from the right side of the course to the left, and turned the victim over to the road with the front seat of the dump truck driver and let the victim go over the left side of the victim with the front wheels.

Ultimately, the Defendant suffered from a serious injury, such as the cutting of the left-out team, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing of Article 62-2 (1) of the Criminal Act, including the fact that the defendant for the reason of sentencing under Article 62-2 (1) of the Order to Attend a lecture has a record of being punished for the same kind of crime, the injury suffered by the victim is serious, the victim is negligent in crossing the road at a place other than the crosswalk, and the vehicle for driving the defendant is covered by a comprehensive insurance policy, shall be

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