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(영문) 수원지방법원 안양지원 2017.03.14 2017고단54
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving B 2.5t cargo vehicles owned by the Korean Logistics System (State).

On December 10, 2016, the Defendant driven the above cargo vehicle around 04:50 on December 10, 2016, and got the front of the new engineer distance in the Ho-dong Ho-dong Ho-dong Ho-dong during the Ansan-dong period along the shooting distance of the Ho-dong.

At the time, night and its location were cross-sections installed with signal apparatus, thus, a person engaged in driving a motor vehicle has a duty of care to observe signal and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, as the Defendant neglected this and did not stop even though the Defendant’s direction signal was red, the part of the rear wheels of the bicycle riding on the right side of the bicycle riding along the crosswalk which the victim C (V, 63 years old) passed along the crosswalk from the left side of the running direction of the Defendant, was received as the front part of the right side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a cage cage cage cage cages, which requires approximately 11 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate (the net 39,40);

1. Application of Acts and subordinate statutes by cutting off the scene, vehicle photographs of accidents, and CCTV images;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of the sentencing guidelines recommended] - Type 1 (Bodily Injury resulting from Traffic Accidents) in general traffic accidents - No person subject to special sentencing: [Determination of sentence] in favor of him/her: The defendant acknowledges his/her mistake; the defendant has no record of being sentenced to suspended execution or more; and the defendant has no record of being sentenced to punishment after 2003: unfavorable circumstances;

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