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(영문) 수원지방법원 2018.08.08 2018고단1134
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a director employee, who is a B5 ton driver, and is a driver of B5 ton truck.

On January 9, 2018, the Defendant driven the above truck on around 19:10, and proceeded at the speed of speed in accordance with five lanes in the direction of the horizontal distance at the corner of the South Korean National Police Agency, the front road of the Suwon-si, Suwon-si, which is located in the direction of the horizontal distance at the corner, from the boundary of the Gyeonggi National Police Agency.

Since the point of accident is where signal lights are installed, there is a duty of care to safely proceed in accordance with the frontline signals.

Nevertheless, even though the signal has been changed from the front green light to the red light, it was due to the negligence that the signal has not been seen and proceeds immediately from it, and the left side of the victim D (56 Do, n, n) crossing the crosswalk in accordance with the pedestrian signals of the crosswalk in the right side of the math, from the right side of the math vehicle.

After all, the defendant suffered injury, such as cage cage cages, which require approximately eight weeks of medical treatment to victims D due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommending punishment] The case where illegality in the category 1 (the injury of traffic accidents) (the person with a special aggravated punishment) (the person with a special aggravated punishment) in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching Service and Order to attend a lecture is serious, or the case of a bomb driving (the decision of sentence] in the case of a bomb (the decision of sentence): The degree of negligence is heavy due to the shock of the pedestrian who dried the crosswalk in accordance with the pedestrian signals in violation of the new subparagraph, and the victim is a hospital between several months after the instant accident

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