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(영문) 의정부지방법원 2018.10.26 2017고단5451
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a C straw and C 1 ton truck.

On October 9, 2017, the Defendant driven the above truck on around 07:45, and proceeded one lane in front of the city of Speaker in front of the city of Speaker with the test site of driver's license from the spotent.

At the same time, three bus stops due to the bus getting on and off, so there was a duty of care to safely drive a person engaged in driving service by accurately operating the steering zone and the steering system.

Nevertheless, the Defendant neglected this and got the body of the victim E (V, 47 years old) who crosses the road from the right side of the truck to the left side on the right side of the truck by negligence.

After all, the Defendant suffered injury to the victim, such as the pressure pressure 2, which requires approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual survey report and the actual survey report on traffic accidents (2);

1. Report on the occurrence of a traffic accident;

1. A report on internal investigation:

1. On-site map;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.

1. Summary of the defendant and his defense counsel's assertion

A. The instant traffic accident occurred due to the violation of road traffic laws, such as the victim’s unauthorized crossing, and the Defendant has no duty of care to expect and drive the same without permission. Therefore, the principle of trust should be applied.

B. The defendant fulfilled his duty of care

Even if the accident could not be avoided.

(c)

The defendant's breach of duty of care and the occurrence of the accident in this case.

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