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(영문) 청주지방법원 2018.07.26 2018고단605
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 a Drabian and cargo vehicle.

On December 9, 2017, the Defendant driven the above cargo vehicle around 18:55, and proceeded with the lower roads above the 103-dong apartment in front of the Cheongju-si, with the strong winding of Cheongju-si, a considerable amount of Cheongju-si.

At the time, the location was the place with a crosswalk installed on the front side, and there was a duty of care to check whether there was a person who gets on the road by reducing the speed and by checking well the right and the right and the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and found the victim E (the 73 years old) who cross the Madern crosswalk to the right side from the left side by his negligence, and took an urgent action to avoid this, but did not avoid it, and did not shocked the victim as the front part of the freight vehicle of the Defendant driving.

Ultimately, the Defendant suffered injury, such as a 12 week cage cage cage, etc., to the right side in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each F;

1. A survey report on actual conditions;

1. Accident scene and vehicle photograph;

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

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 selection of imprisonment without prison labor, concerning criminal facts;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

The fact that the defendant caused the injury to the victim in the course of the traffic accident due to occupational negligence, the victim is aged, the victim is led to serious injury, and the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and there is no criminal history.

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