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(영문) 서울북부지방법원 2018.02.01 2017고단5361
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of B Poter cargo vehicles.

On November 8, 2017, at around 20:55, the Defendant continued to turn to the left on the front side of the new apartment in front of the Cranch-gu Seoul, Jungdong-gu, and the left-hand turn to the front side of the new apartment. At this point, since a crosswalk without any signal, etc., is installed on the front side of the running direction of the Defendant’s driving freight, the person engaged in driving service has a duty of care to check whether there is a person to reduce the speed and to drive safely.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, caused the victim D(53) who dried the crosswalk from the right-hand side of the said cargo vehicle to the left-hand side, and caused the victim to suffer bodily injury, such as the water breath, the water breath, the water breath, and the water breath on the left-hand side in need of approximately nine weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes to accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Suspension of execution under Article 62(1) of the Criminal Act: Consideration of the negligence of the defendant who has failed to perform his/her duty of explanation prior to the reason for sentencing under Article 62(1) of the Criminal Act, the degree of injury of the victim is not less than that of the victim, the fact that the victim has no record of the same kind of crime, the fact that the motor vehicle comprehensive insurance has been purchased and agreed, the fact that it is against the fact

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