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(영문) 서울서부지방법원 2016.09.06 2016고단2032
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On July 4, 2016, the Defendant was driving C Freight Vehicles as his duties on July 4, 2016, and was driving along three lanes from the 360-lane search intersection in Eunpyeong-gu Seoul Special Metropolitan City, and was moving by right at a speed that cannot be seen from the ebbbulation to the ebridge, while going along three lanes from the 360-lane search intersection.

Since a crosswalk is installed in the front door, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving service is a person who gets a road by reducing speed and by properly examining the front door and the right and the right.

Nevertheless, the Defendant neglected this and did not find out the victim D who was walking the crosswalk from the right side of the vehicle in which the Defendant is running, to the left side of the vehicle in which the Defendant was driving, and instead received the victim with the part front of the right side of the vehicle in which the Defendant was driving.

Ultimately, the Defendant suffered injury to the victim, such as mination of the left-hand elel executives in need of approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report (1) (2);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of recommendation: General traffic accidents, injury and basic area: April to one year; and

2. In light of the fact that the defendant in the decision of the punishment has a record of being punished several times for the same kind of crime and various crimes, that there is a heavy negligence on the part of the victim who has dried the crosswalk pursuant to the pedestrian signals, and that the degree of the victim's injury is serious, it is necessary to severely punish the defendant.

(b).

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