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(영문) 전주지방법원 2012.11.07 2012고단1702
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a cargo vehicle.

On March 16, 2012, the Defendant driven the above cargo vehicle on March 17:45, 2012, and proceeded one lane in front of the “unified Real Estate Agent” located in Seo-gu, Seo-gu, Seojin-gu, Jeonju-gu, Seoul, with a speed of about 55 km from the ambae Park to the seat of the labor office.

At this point, there was a crosswalk where a yellow on-and-off signal was installed, so there was a duty of care to check whether there was a person engaged in driving of a motor vehicle to reduce the speed and to see well the front door, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to comply with the duty to protect pedestrians on the crosswalk, thereby putting the victim D, who was a right-hand side from the left-hand side of the said crosswalk, into the front part of the left-hand side of the said cargo vehicle where the Defendant was driving.

The Defendant suffered injury to the victim due to the above occupational negligence on the medical treatment days such as marinal marine, cerebral macy, mathal mathy, mathal mathy, mathal mathy, engine mathy, mathal mathy, cerebral brain injury, cerebral mathy,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report and photographs;

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

1. As shown in the relevant criminal facts, Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, the Defendant’s negligence on the occurrence of the instant accident is very large, and considering the fact that the degree of injury suffered by the victim by the age of the instant accident is very serious, the Defendant cannot be sentenced to punishment in light of the fact that it is not agreed with the victim even though the degree of injury suffered by the victim is very serious, the Defendant is the primary offender, deposited the amount of KRW 20 million for the victim, and other types of punishment as ordered by taking into account the Defendant’s age, character and conduct, occupation and environment.

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