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(영문) 서울서부지방법원 2017.05.18 2017고단568
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 B 포터∥ 화물 차의 운전업무에 종사하는 사람이다.

On December 14, 2016, at around 16:10 on December 14, 2016, the Defendant proceeded with the crosswalk 2 in front of the exit station of Eunpyeong-gu Seoul Metropolitan Government, in accordance with one-lane from the opening of the opening to the seat of the offline of the old wave station.

Since there is a crosswalk in which a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to drive in accordance with the new subparagraph after checking whether there is a person who has a way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, by neglecting this, the Defendant’s negligence, disregarding the change of the vehicle driving signal to the stop signal, found the victim C who cross the crosswalk from the left side of the crosswalk to the right side in accordance with the pedestrian signals, delayed detection, and carried out an rapid operation to avoid this. However, the Defendant did not avoid the situation and contacted the victim’s right side by the back side of the freight truck of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as flaver pulver pulver pulver pulver, which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on traffic accidents and a survey report on actual condition;

1. Reports on internal investigation (to peruse and confirm CCTVs for crime prevention), and application of Acts and subordinate statutes to report on investigation (to submit a written diagnosis of a victim);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation according to the sentencing guidelines] the O general traffic accident category 1 (the injury caused by traffic accidents) and O special aggravated area (8 to 2 years): the case where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of the Union (excluding the case of sentencing) is serious compared to ordinary drivers. In light of the defendant's occupation, the defendant is higher than ordinary drivers.

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