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(영문) 수원지방법원 2019.07.10 2019고단437
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2019, the Defendant, who is engaged in driving of the vehicle B, was driving the said vehicle at the three-distance front of the Suwon-si Suwon-si Seoul on January 4, 2019, and was making a left turn from the three-distance of D apartment to the west IC from the direction of Escop.

In such a case, a person engaged in driving service has a duty of care to properly operate the brakes and steering gear and prevent accidents by accurately operating them, and there is a crosswalk in the front section. Therefore, there was a duty of care to reduce speed and to check whether there is a person who saves the front section and the left and left well, and to safely drive it.

Nevertheless, the Defendant neglected this and went against the signal and went to the left at the right turn on the front line of the Defendant’s vehicle by negligence and thereby, received the victim F who crosses the crosswalk in accordance with the pedestrian signal at the front line of the Defendant’s vehicle (the age of 33) as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence during the 12-day period of medical treatment, i.e., the left-hand alleys and the Bridges that require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report, actual condition survey report, and accident site photograph;

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

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures, was committed by the defendant, by negligence, by taking the victim who has dried the crosswalk according to the pedestrian signal by failing to make a left turn, and the defendant's violation of his/her duty of care and the degree of the victim's injury shall not be less

However, the defendant recognizes the crime of this case.

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