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(영문) 서울북부지방법원 2014.02.13 2013고단2841
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 of C pay-3 cargo vehicles.

On August 16, 2013, the Defendant driven the above cargo vehicles around 09:50, and 168-2 of the Jung-gu Seoul, Jung-gu, Jung-gu, 168-2, the Defendant was frighted to the road from the sidewalk to remove garbage.

On the other hand, there was a sidewalk and crosswalk for pedestrians' traffic, so in order to temporarily stop the vehicle to the person engaged in the driving of the vehicle or cross the sidewalk, there was a duty of care to prevent accidents by crossing the left-hand side and the right-hand side so as not to obstruct pedestrians' traffic.

Nevertheless, the Defendant neglected this and did not find out the victim D (59 years old) who entered the above-mentioned crosswalk by negligence, which proceeded as it is, after neglecting the report, got the victim to go beyond the ground by receiving the victim from the front part of the cargo vehicle.

Ultimately, the Defendant suffered from the victim’s injury, such as pressure duplicating one time in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The degree of injury of a victim under Article 62-2 of the Criminal Act; however, a punishment shall be imposed in consideration of all the circumstances, including the fact that the victim has been injured by mistake, has been remarkably repented, has agreed with the victim, a comprehensive insurance has been subscribed, and there has been no criminal record other than a long-term fine;

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