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(영문) 청주지방법원 제천지원 2015.06.25 2015고단107
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 one ton cargo vehicle B.

On February 13, 2015, around 14:25, the Defendant came to go straight along the front road C from the boundary of the intersection to the intersection of the same intersection.

At that time, there was a pedestrian crosswalk where no signal, etc. is installed, and there was a truck temporarily stopped in order to enter the left-hand house on the front side of the road, so in such a case, the driver of the vehicle has a duty of care to safely pass by checking the left-hand side while temporarily stopping in front of the road or driving on the front side of the road when the driver of the vehicle passes the road on the front side of the road. In such a case, the driver of the vehicle has a duty of care to safely pass by checking the left-hand side while temporarily stopping in front of the road or driving on the one-lane truck.

Nevertheless, the Defendant neglected his/her duty to avoid the truck of the front side of the road, changed the vehicle line to the two-lane, and caused the victim D (7 years old) who walked to the right side from the left side of the road crossing to the front part of the Defendant’s cargo vehicle, and caused the victim E (V, 45 years old) who was able to take the above victim and his/her grandchildren to the upper part of the road along with the floor.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D injury, such as the right frame, non-alley opening frame, etc., which requires approximately eight weeks of medical treatment, and on the part of the victim E, the Defendant suffered injury, such as salt fat, tension, etc., of the shoulder pipe, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. Application of the statutes governing traffic accident photographs;

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

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