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(영문) 서울북부지방법원 2014.08.28 2014고단1914

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

On May 26, 2014, the Defendant, while driving C truck as of May 14:30, and proceeding to enter a main road at an on-road parking lot located in the e-mail 110-ro, Jung-gu, Seoul, the Defendant: (a) caused the victim D (year 71) who walked a sidewalk installed in the e-mail, due to the negligence of neglecting the e-mail to take over the sidewalk installed in the e-mail as the rear part of the said vehicle; and (b) caused the victim to suffer injury, such as throst, etc. for which the 8-day medical treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the following: (a) the occurrence of the instant accident while the Defendant led to the confession of the instant crime; and (b) the location where the accident occurred while he/she was engaged in his/her occupation; (c) the main road and the sidewalk are bordered; and (d)