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(영문) 수원지방법원 안산지원 2016.08.23 2016고단2403
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a C Poter cargo vehicle.

On April 1, 2016, the Defendant driven the above cargo vehicle on April 1, 2010, and driven the front D road in front of Hyundai Apartment City, Ansan-si, Seosan-si, to the Incheon-si, as an industry of water, from the front side, and there was a crosswalk installed at the front side. In such a case, there was a duty of care to check whether there was a person engaging in driving service with a view to reducing speed and checking the right and the right and the right and the right of the vehicle, and to safely drive it.

Nevertheless, due to negligence of neglecting this, the victim E (the age of 59) was found to be late behind the left-hand side by using the crosswalk as it is, but the victim was not faced, and the victim was forced to go beyond the ground by taking the front part of the Defendant vehicle.

Ultimately, the Defendant suffered from an injury to the victim, such as blood transfusion, due to the above occupational negligence, by preventing the victim from suffering 12 or more weeks of trauma.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of the Acts and subordinate statutes of black stuffs and photographs

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommending punishment] the category 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (including specially mitigated persons] that is not subject to punishment (including serious efforts to recover damage);

2. Determination of sentence: The sentence shall be determined in full view of all the conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime.

It is against the rule of law.

The agreement was reached with the victim.

The degree of breach of duty is the driver of a high dangerous cargo vehicle.

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