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(영문) 서울북부지방법원 2017.01.19 2016고단4888
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended 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 of a fash-fash-fashion fashion.

피고인은 2016. 9. 21. 15:15 경 위 화물차를 운전하여 경기 시흥시 하중동에 있는 샛 말 대우아파트 앞 사거리를 하중 초등학교 쪽에서 등기소 쪽으로 시속 약 10km 로 좌회전하게 되었다.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a person, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to turn to the left while changing the vehicle driving signal to the stop signal, and did not find the victim C (53 years old) who cross the crosswalk from the right side of the Defendant’s proceeding to the left side pursuant to the pedestrian signals, and received the victim’s left side bridge in front of the right side of the above cargo of the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of the reproduction on the left-hand side of the government room, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts (Selection of imprisonment without prison labor);

1. Consideration of the scope of recommendation and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62 (1) of the Criminal Act, the fact that the defendant has no criminal history, and the fact that the instant damage has been preserved for a considerable portion of the insurance coverage;

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