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(영문) 수원지방법원 2014.10.02 2014고단3120
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On May 13, 2014, the Defendant driven the above truck on May 13, 2015, and moved to the direction of a hotel (North square) at the direction of a water source, from which the distance of a Nowon Park was set up in the direction of the return of the ethic city.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and did not find out the victim E (24 years old) who has dried the crosswalk in accordance with the pedestrian signals from the right side of the direction that the Defendant was proceeding due to the negligence of bypassing it immediately, and took the side of the above truck into the right side, and followed the victim, who was going beyond, was the second wheels to the right side of the truck.

Ultimately, the Defendant suffered injury to the victim, such as an open frame of the vertical leaflet type, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. F’s statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a medical certificate);

1. In a case where the illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1), Article 3(2)1 and 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor / [the scope of recommendation] is serious in the area of aggravation (8 to one year and six months) (the person specially under special circumstances] [the decision of sentence] of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the decision of sentence], the defendant reflects his/her mistake, the fact that he/she is subscribed to an automobile comprehensive insurance, the fact that he/she deposits money for the victim, the fact that he/she deposits money

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