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(영문) 수원지방법원 2019.01.30 2018고단4006
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for ten 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 person who is engaged in driving a string and freight vehicle B.

The Defendant, at around 10:40 on April 27, 2018, driven the above cargo vehicle to enter the warehouse of the D salary fence in the ethic City C, and thus, was allowed to cross the sidewalk, and thus, the Defendant has a duty of care to safely drive the vehicle to prevent the accident by safely examining the rear side immediately before and after the driving of the vehicle so as not to obstruct the passage of pedestrians.

Nevertheless, the defendant neglected this and neglected to load the above cargo vehicle due to negligence, which caused the victim E (the age of 82) who walked on the sidewalk to go beyond the floor, and had the victim go beyond the floor.

As a result, the Defendant suffered injury, such as the dives dyssis of the alleys that require approximately 12 weeks of medical treatment, by occupational negligence as above.

Summary of Evidence

1. Legal statement of the defendant (the purport that there has been an excessive injury to the victim by making an accident that has taken place after the accident);

1. Each legal statement of witness F and G;

1. A report on actual traffic accident;

1. An accident site photograph;

1. Determination as to the Defendant and defense counsel’s assertion

1. The PE bank wall installed at the location of the Defendant and the defense counsel's assertion is merely installed at will by the H during road works, and the location of the instant accident cannot be seen as a report under the proviso of Article 3 (2) 9 of the Act on Special Cases Concerning the Settlement of Traffic Accidents since it was not approved or instructed by the chief of the police station separately. Thus, the instant public prosecution should be dismissed.

2. Article 13 of the Road Traffic Act applies to the method of passage of vehicles and horses, and Article 13 of the Road Traffic Act applies to the driver of a vehicle and horse, and Article 13 of the Road Traffic Act applies to the roadways

Provided, That when a person enters a place other than a road, he/she may cross the sidewalk.

(2) In cases falling under the proviso to paragraph (1), drivers of motor vehicles and riders of horses shall temporarily stop immediately before crossing the sidewalk and keep its right.

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