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(영문) 인천지방법원 부천지원 2017.04.28 2017고단520
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a dump truck.

On November 29, 2016, the Defendant driven a dump truck above around 16:30 on November 29, 2016, and led a road of the first lane in front of the office of the high village of the Kimpo-si, which is located on the lane of Kimpo-si, to a right-hand speed of about 20km from the direction of the office of the high village of the Eup to the right-speed.

At this point, the center line and the crosswalk are installed, so there was a duty of care to drive safely, such as temporary suspension in front of the crosswalk, so as not to obstruct the passage of pedestrians or endanger the safety of pedestrians.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk and did not keep the front door properly at the top of the crosswalk, and obstructed the center line through the opposite lane, and caused the victim D (V, 40 years old), the victim E (V, 3 years old), the left side of which was fump truck, etc. from the right side of the Defendant’s course to the left side.

After all, the Defendant suffered from the above occupational negligence on the part of the above E, approximately 16 weeks of feeee-gne-ge-ge-ge-ge-ge-ge-ge-ge-ge-ge-ge-ge-ge-gel therapy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of suspect drivers' dump trucks stuffs);

1. A survey report on actual conditions;

1. A copy of each medical certificate or medical record;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act (the scope of recommended punishment) is general.

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