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(영문) 수원지방법원 2018.04.24 2018고단113
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 30, 2017, the Defendant was driving the C Poter Cargo on the surface of the post office southing to the eternity, from the surface of the shooting distance to the surface of the post office southing to the eternity, and led to the right-hand transfer.

Since there is an intersection where signal lights and crosswalks are installed, a driver has a duty of care to safely drive pedestrians by properly examining their movements according to the new code.

However, the Defendant neglected to do so, and instead did not properly examine whether there is a pedestrian who is in violation of red signal and gets a walked on the crosswalk, and caused the victim D (V, 66 years old) who was standing on the crosswalk in accordance with green signals for the mast pedestrian, to take the front part of the Defendant’s vehicle, and caused the victim to suffer approximately 10 weeks of the bones (L5) of the bones (L5) in need of treatment for about 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual survey report and on-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the punishment according to the sentencing guidelines] Article 62(1) of the Act on the Suspension of Execution [the sentence] Article 62(1) of the Act on the Punishment of Traffic Accidents No. 1 in the basic field (4 to 1 year) / [the sentence] of the Act on the Punishment of Traffic Accidents / The crime of this case is that the defendant violated the suspension signal, thereby causing bodily injury to the victim who was walking on the crosswalk by violating the duty to protect pedestrians in the crosswalk, and the degree of the defendant's violation of the duty of care is not easy, and the victim is punished for the defendant

However, the defendant recognized the crime of this case and divided his mistake, and the defendant's vehicle is covered by the comprehensive motor vehicle insurance.

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