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(영문) 수원지방법원 성남지원 2014.11.27 2014고단2461
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 20, 2014, the Defendant driving of B freight cars as of 12:40 on September 20, 2014, while proceeding with a road of 244-1, one-lane, the floor of the Orpo-Eup in Gwangju City, and became left left at the seat of the second apartment at the seat of the lender apartment.

Since there is a road on which a crosswalk is installed, in such a case, the driver of the vehicle has a duty of care to check whether there is a person walking the crosswalk by reducing speed and driving the front line, and to safely drive the crosswalk.

Nevertheless, the Defendant neglected this and did not turn left without examining the right side properly, and did not find the victim C (74 years of age) who walked on the crosswalk before the direction of the defendant's proceeding, and did not look back to the road by shocking the victim with the front part of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the sofarcation of the body part of L2, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (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, the selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act ( comprehensively taking into account the favorable circumstances, such as the fact that the vehicle is covered by a comprehensive insurance, the vehicle is not subject to punishment for the defendant, the initial crime is recognized, and the mistake is recognized and reflected, and other various circumstances, which are conditions for sentencing, such as the age, character and conduct, and environment of the defendant

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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