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(영문) 인천지방법원 부천지원 2014.03.28 2014고단83
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 C1 ton cargo vehicles.

On October 6, 2013, when the defendant driving the above cargo vehicle on the 17:30 on October 6, 2013, and driving the road in front of the entrance of the Kimpo-dong Kimpo-dong Kimpo-dong Kimpo-si in the direction of the furniture, the defendant caused the victim D (13 years old) who walked to the right side from the left side of the defendant's running direction to the front side of the above cargo vehicle, and caused the victim to write it on the road, and caused the victim to stick to the right side of the victim between the front wheel and the ground.

The Defendant suffered injury, such as 2, 3, 4, 5, 5, from the victim’s occupational negligence, to the right part, 2, 3, 4, 5, and 5, to the right part, which requires treatment for about six weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. A traffic accident report, traffic accident explanatory note, and on-site photograph;

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

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

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. 주장 피고인 및 변호인은 피해자가 달려오다가 정차하고 있던 차에 충돌 후 넘어졌고, 피고인은 이에 깜짝 놀라 브레이크에 대고 있던 발이 떨어지면서 차가 진행하여 넘어져 있던 피해자의 발이 차의 바퀴에 깔리게 된 것이어서 피고인에게 과실이 없다고 주장한다.

2. Therefore, the following circumstances recognized by the evidence mentioned above, ① the victim D met at the police station, “the truck gets on the roadside,” and “I cannot only stop. I do not stop. I do not have the same.” ② The victim should not attend as a witness in this court.

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