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(영문) 수원지방법원 안산지원 2020.06.12 2020고단933
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 driving a cargo vehicle of one ton.

At around 16:15 on November 14, 2019, the Defendant driven the franchising truck, and led the two-lane road in front of Masan-si, Mansan-si, to turn to the left at the seat of the Mandong Administrative Welfare Center.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the front door, and to drive the motor vehicle safely.

Nevertheless, the defendant neglected this and proceeded with the victim D (the age of 77) who opened the crosswalk from the right side of the defendant's proceeding to the left side by his negligence, which led to the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as 10 weeks of sexual intercourse, which requires approximately 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents, on-site photographs, and reports on occurrence of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the point that has agreed with the victim and that there is no record of punishment exceeding a fine);

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