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(영문) 서울동부지방법원 2016.12.22 2016고단3611
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the business of driving Lone Star Cargo Vehicles B.

On July 13, 2016, at around 13:40, the Defendant: (a) took the cargo vehicle at the “D” agency located in Seongdong-gu Seoul Metropolitan Government, and was crossing the said agency’s report.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to check whether a person engaged in driving a motor vehicle has no pedestrian driving by temporarily stopping the motor vehicle.

Nevertheless, the defendant neglected such duty of care and did not discover the victim E (E, South and 81 years old) who passed the sidewalk on the rear side of the cargo vehicle at the bend, and had the victim go beyond the floor on the back of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as an influence of treatment days by occupational negligence, to the right side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the occurrence of E traffic accident;

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

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (not immediately preceding, and comprehensive insurance) is in excess of the sentence;

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