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(영문) 수원지방법원 2017.06.13 2016고단6314
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

On September 3, 2016, the Defendant is a person who is engaged in driving of freight vehicles B 4.5 tons, and the Defendant driven a freight vehicle around 4.5 tons, around 12:30 on September 3, 2016, and made a turn to the left at the level of 3:0 of the heart in the new line in the intersection where a turn to the left-hand turn is installed, while driving a two-lane road in front of 10 shooting distance in the Seo-gu Incheon, Seo-gu, Incheon.

There are crosswalks where signal lights are installed at the point at which left turn end, so in such a case, there was a duty of care to check whether there is a person engaged in driving of the cargo vehicle, who is able to reduce the speed and check the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the defendant neglected to do so and got the right-hand side of the victim C(16) crossing the crosswalk from the left-hand side to the right-hand side of the road of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as an open body, which requires about 16 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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 Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, Type 1 (Bodily Injury resulting from Traffic Accidents) (person with special sentencing] mitigation factors - Non-guilty of punishment [the scope of recommended punishment] mitigation area, imprisonment without prison labor for one month to eight months;

3.The decisions of sentence shall be made as follows:

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