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(영문) 수원지방법원 2015.12.09 2015고단4359
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 of a fixed cargo vehicle C.

On June 2, 2015, the Defendant driving the above cargo vehicle around 22:00, and driving the four-lane road in front of the new wholesale market distance in Young-gu, Suwon-gu, Suwon-si, Suwon-si, at the speed of about 40km in speed, depending on the three-lane distance from the front distance of culture to the front distance of the culture.

At night, at the time, the crosswalk was installed, and at the same time, vehicles stopped in the first, second, and third-lanes of the intersection, with a signal signal signal, so it is necessary to pay more attention to securing the view. In such a case, there was a duty of care to check whether there is a pedestrian who gets to walk up the crosswalk and drive it safely.

Nevertheless, by negligence, the Defendant neglected this and continued to cross the road to the right side on the green on-and-off signal of a marina crossing, and the victim D (the age of 46) who was crossing the road after the crosswalk signal was changed to red signal was turned to the right side.

As a result, the Defendant suffered from the above occupational negligence that caused the risk of life to the victim, such as external shocks, external cerebral tymosiss, multi-morry luptures, alley luptures, non-surfs, and ruptures.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the scene of an accident, related photographs, and leakage of surrounding CCTV images;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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