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(영문) 수원지방법원 2018.11.21 2018고단3473
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years 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 cargo vehicles.

On March 5, 2018, the Defendant driven the above cargo vehicle around 05:40 on March 5, 2018, and led to the flow of the shooting distance constituting the North-dong, Yong-gu, Young-gu, Chungcheongnam-gu to the direction of the flood.

Since a crosswalk is installed on the front side, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the victims C (the age of 66) and the victims D (the age of 24) who cross the crosswalk from the right side to the left side in accordance with the Mad pedestrian signals due to the negligence of the Defendant’s failure to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim C by occupational negligence, such as an injury to the 14 weeks of external surgery, which requires approximately 14 weeks of medical treatment, and injury to the victim D, such as a pelum typ, which requires approximately 3 weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report, a traffic accident occurrence report, and on-site photographs;

1. Each statement of E and D;

1. Each written diagnosis;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes in Violation of the Special Cases concerning the Settlement of Traffic Accidents and Impositions of Punishment on Crimes in Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against C with heavier criminal standing);

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act (determination of sentence) is as follows, and the defendant's age, sex, environment, and motive and motive of the crime.

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