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(영문) 의정부지방법원 2016.06.10 2016고단914
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 C Freight.

On February 17, 2016, the Defendant driven an above cargo vehicle on the 15:40 on February 17, 2016, and led to the intersection in front of the E, which is located in Jin-si, from the right west to the right west of gold.

Since a crosswalk has been installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle gets on a crosswalk by reducing speed and checking well the right and the right of the motor vehicle, and to prevent the accident in advance by safely driving the crosswalk.

Nevertheless, the Defendant neglected this and failed to find out the victim F (69 tax) to modern motor vehicle from the right side of the freight of the Defendant without finding out the victim F (69 tax) in accordance with the pedestrian signals, when the Defendant neglected to stand bypassing it as it is.

Ultimately, the Defendant suffered injury to the victim, such as the body felbling, which requires approximately 16 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report, a traffic accident occurrence report, and a map at the scene of a traffic accident;

1. A photograph of a CCTV course;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General traffic accident [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] [the person subject to special mitigation] who is not punished (the person subject to a special mitigation of punishment] [the imprisonment without prison labor] 4 months, and the period of suspended execution 1 year: The defendant's negligence in driving, causing severe injury to the victim crossing a crosswalk that requires about 16 weeks medical treatment: The defendant is recognized as all of the crimes in this case, and the defendant is against all of the crimes in this case, the fact that the defendant is covered by a comprehensive insurance, the agreement with the victim, and the case of multiple crimes except for a single fine.

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