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(영문) 서울남부지방법원 2012.11.30 2012고단2439
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On April 7, 2012, the Defendant driven a dump truck with C 24 tons at C24 tons on April 7, 2012, and led to the right bypass from the new fire-fighting distance intersection in Gangseo-gu Seoul Metropolitan Government, the new fire-fighting road, and the new fire-prevention bank.

Since there is a crosswalk, there was a duty of care to prevent accidents in advance by safelypassing after checking whether a person is a person who is engaged in driving service.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 32) to go beyond the road by taking the back wheels of the dump truck as the back wheels of the dump truck.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 8주간의 치료가 필요한 좌측 엉덩뼈의 폐쇄성 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D, E, and F;

1. Statement to E by the police;

1. Application of diagnostic certificates, on-site photographs statutes;

1. The relevant criminal facts, Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the Defendant alleged that the Defendant did not violate the signal. However, according to the evidence revealed earlier, the facts charged in the instant case where the Defendant, while driving a vehicle on a crosswalk with pedestrian signal, sustained bodily injury by the Defendant due to the shock of the victim.

The defendant shall be punished by imprisonment in consideration of the fact that the degree of negligence of the defendant is very serious and the degree of injury of the victim is very serious, and that there is no agreement with the victim.

It is so decided as per Disposition for the above reasons.

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