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(영문) 의정부지방법원 2013.07.16 2013고단1553
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 became final and conclusive.

Reasons

Punishment of the crime

On January 11, 2010, the Defendant driven a dump truck C 24 tons at C 24 tons, and moved to the road located at the upstream of the water basin from the upstream of the water basin to the three-lanes. In such a case, the driver of a motor vehicle has the duty of care to check the signal, etc. prior to the bypass exhibition, and thoroughly check the bypassing the bypass and prevent the accident from spreading. At that time, the Defendant was at the time, at the time, a pedestrian crossing signal was green in the bypassing the bypass, etc., and the vehicle signal was at the time, at the time, a victim D (the age 6) who boarded the bicycle along the green walking signal that was driven in violation of the signal was shocked to the above dump truck and left the road for about 14 weeks by going to the end of the week.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The pictures of each case;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to each investigation report (referring to the statement, etc. of a shote, reporting on the current status of the victim, and whether disability diagnosis for the victim D);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant, in light of the fact that the defendant is a criminal act that may injure the life of the victim in light of the shocking, the shocking, cutting off, etc. of the victim's body, and the attitude of the accident, he is a bad criminal act.

However, the defendant appears to have the attitude of leading up to the crime of this case, the vehicle of the defendant is covered by comprehensive insurance, the defendant has agreed with the victim, and the defendant shall be punished by a fine.

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