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(영문) 서울북부지방법원 2018.05.10 2018고단733
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a wing-III cargo vehicle.

On February 2, 2018, the Defendant driven an above cargo vehicle on February 2, 2018, and driven the front road of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to the high middle school on the side of each chemical park.

In this case, since there is a road for a motor vehicle driving along a crosswalk with no signal signal, there is a duty of care to temporarily stop in front of the crosswalk in order to prevent an accident, such as reducing the speed for a person engaged in the business of driving the motor vehicle, maintaining the right and the right of the road well, and building the crosswalk, if there is a pedestrian, to temporarily stop in front of the crosswalk in order to ensure the safety of pedestrians to stop the crosswalk, etc.

Nevertheless, the defendant did not discover the victim D (50) who walked the crosswalk to the right side from the left side of the proceeding direction due to the negligence of neglecting this, and did not discover the victim D (50) who walked on the crosswalk, and had the victim exceeded the floor by shocking the victim to the front side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the right 4, 5, 6, and 7 at least six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement on the occurrence of D traffic accidents;

1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);

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, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspension of execution include the negligence of violating the duty to protect pedestrians in the crosswalks, the injury of the victim is not easy, the defendant is not subject to criminal punishment in addition to the fine once in 2001, and the damage is expected to be recovered due to being admitted to the cargo mutual aid association, the violation is being committed, the scope of recommended punishment (the imprisonment without prison labor for not less than April and one year) and the standards for suspension of execution, etc.

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