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(영문) 전주지방법원 2015.01.16 2014고단2036
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of Hyundai Schlage Truck Truck Truck truck truck truck.

On November 5, 2014, the Defendant driven the above cargo vehicle around 10:48, and proceeded with the two-lanes of three-lanes in front of the three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes in the direction

At the same time, the crosswalk was installed, so in such a case, there was a duty of care to check whether there was a person who gets on the way to reduce the speed and to check the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and got the victim D(80 years of age) who was moving from the right side to the left side through the above crosswalk due to the negligence of the defendant's neglect, and turned the victim above the ground floor.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as above, such as “influences on the opposite side, internal and external surgery,” which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report and photographs of the accident site;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that the vehicle in this case is in a white and seriously against the victim, the fact that the victim and the victim agreed smoothly, and the fact that the vehicle in this case has no criminal record exceeding the fine due to the same kind of crime, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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