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(영문) 창원지방법원 통영지원 2014.12.11 2014고단922
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the business of operating a c c c sprinkbbage vehicle.

On June 10, 2014, the Defendant driven the above cargo vehicle at around 13:00, and led two lanes in front to the intersection of the Han-ray Scandari Road, which is located in the luminous celebic drawing at the time of throughception, along the two-lanes from the direction of the Tong-gu Police Station, to the 10K at a speed.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive a crosswalk after checking whether a person engaged in driving the motor vehicle is a person who gets on the crosswalk by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim D (e.g., 57 years old) who walked the above crosswalk to the port from the right side of the Defendant’s running direction due to the negligence of bypassing the above three-distance, while violating the stop signal, and did not find out the victim D (e.g., 57 years old) who walked on the right side of the Defendant’s front road.

As a result, the Defendant suffered injury, such as “duplicating dups including four or more cupages,” which require approximately six weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report and the traffic signal cycle report;

1. Four copies of an accident photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The general traffic accident of category 1 (Bodily Injury resulting from Traffic Accidents) and there is no basic area (4-10 months to 10 months) (the special person) (the decision of sentence] Defendant vehicle is subscribed only to liability insurance, thereby causing damage to the victim.

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