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(영문) 의정부지방법원 2016.04.08 2015고단4873
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of freight cars.

On September 8, 2015, the Defendant driven the above vehicle at around 20:35, and led to turn to the left at the intersection of the eco-friendly agricultural and fishery product distribution center in the Dog-ri Eup located in the Dog-si located in the Gyeonggi-si, Gwangju-si, the Defendant left the left from the national highways to the protection of the eco-friendly agricultural and fishery product distribution center.

At the time, there are nights and street lamps, and there are crosswalks where non-working signal lights are installed, so the driver has a duty of care to safely operate by checking whether there is a person who gets on the way to check the front and the right and the right and the right.

Nevertheless, the defendant neglected this and did not properly confirm whether there is a person who gets on the road, and caused the victim E (the aged 41) who walked on the crosswalk from the right-hand side of the cargo vehicle to the left-hand side of the above cargo vehicle by shocking the victim E (the aged 41) to the front part of the above cargo vehicle.

As a result, the Defendant suffered injury to the above victim, such as 12 weeks of sexual intercourse, cerebral cerebral cerebral cerebral le, cerebral cerebral cerebral le, etc., due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident investigation report and photographs related to accidents;

1. A report on internal investigation (the analysis of black stuffs and images);

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to a report on investigation (investigation into the status of a victim);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (one month to six months) in the mitigation area (special mitigation person] [the decision of sentence] in the imprisonment without prison labor for 4 months, and circumstances disadvantageous to one year in the suspended sentence: the defendant's negligence in driving.

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