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(영문) 수원지방법원 안양지원 2018.06.14 2018고단492
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 construction machinery B.

On August 9, 2017, the Defendant driven the above construction machinery around 07:10 and moved to the stadium from Geman-si's Geman-si to Geman-si, Geman-si, Geman-si, Geman-si.

In this case, the driver has a duty of care to safely drive the crosswalk and prevent the accident by safely driving it, such as checking whether the driver is a person engaged in driving service, and whether the driver is a pedestrian crossing, and accurately operating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and found the victim D (65) who crossed the crosswalk from the left-hand side of the mashion course to the right-hand side, and did not get the victim to go beyond the road on the front side of the said construction machinery, and applied the right-hand bridge of the victim to the right-hand side of the said construction machinery.

Ultimately, the Defendant suffered injury, such as external shocks, which require approximately 14 weeks of treatment, to the victim due to the above occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant is driving a softener, resulting in an injury by cutting the victim at the crosswalk, and the degree of the injury suffered by the victim is not easy.

However, the defendant is against the defendant, has been agreed with the victim, and there is no record of criminal punishment.

In full view of the above circumstances, all the sentencing conditions, including the defendant's age and environment, are determined as per Disposition.

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