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(영문) 수원지방법원 성남지원 2014.05.22 2014고단610
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That the above imprisonment without prison labor shall be executed 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 driving a marina freight vehicle B.

On October 26, 2013, the Defendant driven the above cargo vehicle at around 03:45 on October 26, 2013, and continued to turn to the left the intersection in front of the 194-4 Daeho-dong, Seocheon-dong, Seocheon-dong, Incheon-dong, Incheon-do, to the left at the hump of the same oil station.

Since the yellow light, etc. is installed on the road of the Dong-dong District Oil Station, which is the running direction, a crosswalk, there is a duty of care to ensure that the defendant engaged in driving service has a duty of care to see whether there is a person who gets on a crosswalk and safely drive the crosswalk.

Nevertheless, the Defendant neglected this and proceeded along as it is, while the Defendant did not find the victim C with the above crosswalk, and received the victim as the front part of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury of an external wound, which requires approximately 20 weeks of medical treatment, in which there is no open address.

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Reports on traffic accidents;

4. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

2. Article 62 (1) of the Criminal Act;

3. Article 62-2 of the Criminal Act;

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