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(영문) 수원지방법원 2014.05.22 2014고단750
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

The Defendant is a person who is engaged in driving of Raba and freight vehicles B.

At around 12:30 on September 17, 2013, the Defendant continued two-lanes of the three-lanes of the East East Eastern apartment in the direction of Fungcheon-dong Office in Hyundai Greenline, and stopped the signal atmosphere at the same three-distance distance.

At the time, the above three-distances had a crosswalk installed, so the person engaged in driving of a motor vehicle had a duty of care to prevent accidents in advance by taking into account whether there is a pedestrian who is in the way to walk the crosswalk in good condition after the signal stop and before the departure of the signal stop.

Nevertheless, the Defendant neglected this and did not find the victim C(A, 70 years of age) who was standing on the crosswalk, and did not attack the victim in front of the above cargo vehicle.

Ultimately, the Defendant suffered from serious cerebral injury, such as an external hiverosis, etc., which requires a long period of surgery, such as external hiverosis, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes to medical certificates and requests for serious injury;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Where the reason for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend Education [the scope of recommendation] is the basic area (4 to 10 months) of the first type of general traffic accident (the victim under special mitigation] (the victim under special mitigation] also has a considerable negligence in causing traffic accidents or expanding damage, or where a serious injury has occurred (one suspended sentence) / (one suspended sentence] - Where a negative death or serious injury has occurred, or where a significant danger to life has occurred due to escape.

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