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(영문) 수원지방법원 여주지원 2015.01.23 2014고단823
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 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 C25 tons of car trucks.

Around 15:40 on September 30, 2014, the Defendant driven the above vehicle and proceeded at about 60 km from the side of the head of Dongho-gu, Seoul Special Metropolitan City to the Jinho-si, Jinho-si, Jinho-si.

At the same time, there was a crosswalk in which signal lights are installed on the front door, so in such a case, the driver of the motor vehicle had a duty of care to make it possible for pedestrians to safely drive the crosswalk in the front door and prevent the accident in advance by safely driving it in accordance with the new code.

Nevertheless, the defendant neglected this and got the victim's front wheels of the victim D (the age of 52) who towed the bicycle from the right side of the road to the left side of the crosswalk in accordance with the crosswalk signals, and got the front wheels of the victim D (the age of 52) who parked the crosswalk to the front right side of the defendant's vehicle and caused the victim to go beyond the road due to the shock.

As a result, the Defendant suffered injury, such as cutting the body of a pelto, which requires medical treatment for about 12 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis on D;

1. Application of Acts and subordinate statutes on respective scenes and vehicle photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim, the victim's wife against the defendant, the defendant's most likely to support his/her children);

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

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