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(영문) 수원지방법원 2016.10.28 2016고단5038
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category C 2 cargo vehicles.

On July 9, 2016, the Defendant driven the above cargo vehicle at around 08:50, and led to the left-hand turn to the right-hand turn at the straight line of the Ethical distance in front of the Ethothy in the city of the prime city.

Since the location was passed by the crossing in the direction of the defendant's vehicle, there was a pedestrian crossing, there was a duty of care to prevent the accident in advance by checking well whether there was a person in charge of the vehicle driving duty, and as such, there was a duty of care to prevent the accident in advance.

Nevertheless, the defendant neglects this and turn to the left.

Defendant

From the right side of the vehicle driving direction, the victim F (the age of 27) did not find out that the victim F (the age of 27) is standing a crosswalk on the green pedestrian signal, and proceeds as it is without discovering it, and the victim's face is turned over to the left side of the defendant's vehicle.

The Defendant suffered from the injury to the victim, such as the left-hand sculp sculp flaf, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

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

1. The grounds for sentencing under Article 3(1) and (2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) and (2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommending punishment] No basic area (4-1 year) (the injury caused by traffic accidents) [the sentencing sentence] [the defendant's act of committing the crime of this case is that the defendant shocks the victim according to the walking signal, and the defendant is not less severe than negligence, and the injury suffered by the victim is serious, and the defendant seems to have not made any effort to recover the damage, and the situation in which the defendant was admitted only to liability insurance at the time of the crime of this case, and the traffic accident caused the accident of this case.

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