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(영문) 의정부지방법원 고양지원 2015.01.30 2014고단2395
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicle C.

On June 29, 2014, the Defendant driven the above vehicle at around 09:25, and moved the front road of the “E” located in the Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the front side of the Jukdong-gu, Goyang-gu.

In this case, there was a duty of care to check whether a person engaged in driving service was a person who was living well at the front door and the right and the right of the road, and to proceed safely.

Nevertheless, the Defendant neglected this and received the victim F (76 years of age) who dried the crosswalk due to negligence in driving the crosswalk as the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, such as an external wound, which requires approximately nine weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence seems to have been significantly serious, or the defendant's view was not fully secured. The defendant has no past history of punishment, the defendant is divided and reflected in the past, a comprehensive motor vehicle insurance policy is subscribed to, and civil damage is deemed to be compensated for, the victim, and the defendant's family relationship and economic circumstances are taken into account.

It is so decided as per Disposition for the above reasons.

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