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(영문) 수원지방법원 2017.06.28 2017고단1381
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 vehicle that is used to transport cash in Category B.

On January 11, 2017, the Defendant driven the above transport vehicle around 10:16, and driven the front side road of the Gyeonggi Suwon-si, Gyeonggiwon-si, and driven about 10 km from the northwest-si to the long door of the city.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the front door and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected to do so and proceeded as it is, instead, tried to set the right edge of the victim D (52 years old) who cross the crosswalk from the left side to the right side.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim the injury, such as the upper part of the upper part of the water table 1, which requires approximately five weeks of treatment (a additional diagnosis, the second part of the right part of the water table 4 weeks of treatment).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, an accident scene photograph, a black stuff photograph, and a diagnosis report;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances of the reason for sentencing) - The degree of injury suffered by a victim due to the instant accident is not less and less than that of the victim. The favorable circumstances - the Defendant recognizes all criminal facts. - The Defendant has no record of committing the same kind of crime, and there is no record of punishment exceeding the fine. - The Defendant appears not to have easily predicted that the victim would change his own direction on the crosswalk, and at the time of the accident.

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