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(영문) 수원지방법원 2017.01.05 2016고단4588
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

On July 13, 2016, the Defendant driving the above cargo vehicle D in front of the Young-gu, Suwon-si, Suwon-si, which is around 14:00, along the two-lanes between the two-lanes in the front of the lower court and the front of the lower court.

At the time, there was a traffic signal apparatus and crosswalk installed on the front direction of the defendant's proceeding, so in such a case, there was a duty of care to prevent accidents in advance by giving the driver the traffic signal apparatus to the person engaged in driving the motor vehicle, and by safely examining whether or not pedestrians on the crosswalk installed on the front direction are pedestrians in the crosswalk.

Nevertheless, the Defendant, by negligence in violation of the vehicle stop signal, caused the injury of the victim E (the 54-year old age) who walkes the crosswalk from the right side of the Defendant's running along the crosswalk to the left side of the crosswalk pursuant to the pedestrian signals of the pedestrian crossing, by shocking the left part of the cargo vehicle operated by the Defendant to the front part of the cargo vehicle in which the Defendant drives, thereby suffering about about 14 weeks of the injury of the victim, such as a f

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the event of bodily injury in the aggravated area (8 months to 2 years) of the first type of traffic accident (the person subject to special aggravated punishment) [1] of the aggravated area (the decision of sentencing] [one type] of the defendant, the victim's serious injury occurred, the victim is covered by a comprehensive motor vehicle insurance, the defendant has no criminal record except that he/she was sentenced to a fine of KRW 300,000 due to a violation of the special law between the Republic of Korea and the Republic of Korea in 2013, the defendant has a difficulty in economic situation at Grade 3 of the physical disability, and the defendant's age, sexual behavior, environment, etc.

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