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(영문) 수원지방법원 여주지원 2018.05.23 2018고단146
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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-II cargo vehicles.

On January 18, 2018, the Defendant came to turn to the left at a speed of about 20 km from the side of the inn part of the Suwon District Court to the side of the inn part of the Suwon District Court at the speed of about 20 km from the front side of the river.

Since a crosswalk is installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to temporarily stop in front of the pedestrian, and safely drive the motor vehicle so as not to interfere with the passage of the pedestrian, so that there is a pedestrian crossing, if there is a pedestrian crossing, using the crosswalk.

Nevertheless, the defendant neglected the above duty of care and caused the victim to go beyond the floor on the left side of the victim D (65 years) who was standing a crosswalk from the right side of the defendant's course to the left side of the victim D (65 years) who was standing a crosswalk from the right side of the defendant's course.

As a result, Defendant 1 suffered injury, such as 12 weeks of treatment for the victim due to the above occupational negligence of Defendant 1, who was in need of approximately twelve weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of the statutes governing traffic accident-related photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment: One month to five years without prison labor;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] the basic area (from April to one year) of the type of general traffic accident (the person causing a traffic accident) (the person causing a special sentencing).

3. A traffic accident in crosswalks where pedestrians who should be determined to be sentenced shall be protected, and the injury of the victim shall be the victim;

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