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(영문) 수원지방법원 2019.06.20 2019고단1017
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the B-Wood vehicle volume.

On November 30, 2018, the Defendant driving the above vehicle at around 10:30, and driving the three-lane road in the direction of the area heating construction, along the three-lane road in the direction of the area heating construction.

At that time, there was a crosswalk in the front of the road, so in such a case, the driver of the vehicle has a duty of care to observe the pedestrian signal and to prevent the accident in advance in order to prevent the collision of pedestrians by keeping the front door well.

Nevertheless, despite the fact that the defendant neglected this and even though the pedestrian signal was occupied, the defendant got the body part of the victim D (the age of 15) who crosses the crosswalk from the right side of the defendant's running direction to the left side according to the new subparagraph and went beyond the victim.

Ultimately, the Defendant suffered injury to the victim, such as a pelle or a malute, which requires approximately four weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs;

1. Application of medical certificates and Acts and subordinate statutes for medical treatment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] [the general traffic accident [the type 1], the basic area of the injury caused by traffic accident, the imprisonment without prison labor for four months to one year [the sentence], the crime of this case did not discover the victim who was a crosswalk on the normal signal while the defendant was bypass, and caused the injury to the victim by causing the traffic accident.

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