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(영문) 수원지방법원 평택지원 2015.06.25 2015고단550
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of Poter Cargo Vehicles B.

At around 20:40 on January 14, 2015, the Defendant proceeded with a one-lane road in front of the Dmaart in Gyeonggi-si C at a speed of about 30km in the direction of the new Dong Office from the Sungdong Elementary School.

At the same time, a crosswalk without signal lights is installed on the front door, so in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on a way to reduce the speed and to check the right and the right and the right and the right and the right and the right are well and drive safely.

Nevertheless, the defendant neglected this and proceeded without looking well at the front door, and thereby, the victim E (the 9-year old age) who dried the crosswalk from the left side of the defendant's moving direction to the right side of the road, obtained the victim E (the 9-year age) as the front part of the above cargo vehicle and exceeded the floor.

Ultimately, the Defendant suffered injury to the victim, such as an injury to the left-hand body body in need of medical treatment for about 10 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

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

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

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

1. Determination on the application of sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: To take into account all the circumstances, including the fact that there is no record of crime in the basic area (from April to October) of the first type of general traffic accident, the fact that there is no record of crime in general traffic accident, and the subscription to comprehensive insurance;

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