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(영문) 전주지방법원 군산지원 2015.09.14 2015고단614
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 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 freight B and B.

On May 22, 2015, the Defendant driven the above cargo vehicle at around 09:10, and moved to the right of way at a speed of about 10km along the middle distance, along three-lanes from the middle distance to the distance of the carrier at the speed of 10km.

Since there is a crosswalk, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the front line and operating the brake system.

Nevertheless, the defendant was negligent in driving the crosswalk while neglecting it, and the victim C (the age of 68) who crossed the crosswalk on the mash green signal was 68 years old, and was in front of the right side of the cargo of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the closure frame of the part above (L2, L3) in need of medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the first offender, the fact that there is an agreement with the victim, and the fact that there is a family member to support);

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