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(영문) 서울북부지방법원 2016.04.07 2015고단3630
교통사고처리특례법위반
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 a C Poter cargo vehicle.

On September 8, 2015, the Defendant driving the above cargo vehicle around 12:50 on September 12, 2015, and sent the front sidewalk of the above gas station to enter the road from the oil station in Jung-gu, Seoul to the road. As such, the Defendant had a duty of care to check whether a person engaged in driving service has a pedestrian who makes a temporary stop and drive safely.

Nevertheless, the defendant neglected this and caused the defendant to go beyond the floor by shocking the front part of the victim F(61) who was walking on the right side from the left side of the vehicle driving in the direction of the defendant person's vehicle by negligence.

As a result, the Defendant suffered injury to the victim, such as the left-hand body flag, which requires approximately 12 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement of the occurrence of a traffic accident of F;

1. A medical certificate;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes concerning the scene of an accident, vehicle photographs, evidence photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the area where the punishment is mitigated (one month to six months from the imprisonment without prison labor) (including a person who has been specially mitigated], and the punishment is not suspended (including a serious effort to recover damage);

3. The defendant who caused the instant traffic accident, such as: (a) the defendant who caused the instant accident, by shocking the damaged person by negligence who caused the damage by driving a news report; and (b) the victim suffers the injury to the left-hand framework of the frame requiring medical treatment for twelve weeks;

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