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(영문) 의정부지방법원 고양지원 2018.03.30 2018고단275
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 B Poter cargo vehicles.

On November 20, 2017, the Defendant driven an above cargo vehicle on November 20, 2018, and led D's front road located in Seoyang-gu, Seoyang-gu, Seoyang-gu, to turn to the left at the parking lot of the above building from the high level.

Since a crosswalk is installed on the front side, in this case, the driver of the vehicle has a duty of care to prevent the accident with pedestrians in advance, by properly examining the front side and the left side of the road.

Nevertheless, the defendant neglected to turn to the left as it is and caused the victim E (the 39 years old) to stand the crosswalk on the right side from the left side by negligence, and received the victim E (the 39 years old) in front of the left side of the said cargo vehicle.

Ultimately, the Defendant suffered injury, such as abandonment, pulverization, etc., on the left-hand side in need of approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on internal investigation;

1. On-site photographs of each accident;

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

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 Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 [No person subject to special sentencing] [Judgment of sentencing] [Judgment of sentence] The degree of injury to the victim is serious, mental and physical impulses are expected to have suffered considerable mental and physical impulses due to the victim's traffic accident while pregnant; the vehicle operated by the defendant is covered by a comprehensive insurance; the vehicle is led to crime, confession and reflects; there is no same power; and all other factors of sentencing stipulated under Article 51 of the Criminal Act are considered.

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