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(영문) 서울동부지방법원 2016.09.22 2016고단2407

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2016, at around 10:45, the Defendant operated the four distance prior to the elementary school of Gangdong-gu Seoul Metropolitan Governmentcheon-dong, Gangdong-gu, Seoul, with B 124C motor bicycle riding, and proceeded from the public source of the year to the first intersection of the day from the public source of the year.

Since there are crosswalks installed at the front of the intersection where signal lights are installed, the Defendant, who is engaged in driving of the motor vehicle, should proceed in accordance with signals such as signal, etc., and there was a duty of care to accurately operate the operation and brake system by checking whether there is a pedestrian in the crosswalk.

Nevertheless, the Defendant neglected to do so and did not find the victim C (M, 47 years old) crossing the road through the crosswalk installed in front of the front of the front of the front of the front of the front of the road while crossinging the road in violation of the signal, while passing through the intersection, and due to the negligence of the Defendant’s driving, the victim crossinging the road from the right side of the front part of the Defendant’s vehicle to the left side, resulting in the Defendant’s injury, such as the pelle executives, etc. requiring treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on the actual condition of an accident;

1. Investigation report (any statement and non-agreement);

1. Application of the Acts and subordinate statutes governing the diagnosis of a victim, dental certificate, and accident site photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the sentence that no person is sentenced to the basic area (4-1 year or more) (the person subject to special sentencing) of the type 1 (the injury caused by traffic accidents) shall be sentenced to the sentencing guidelines based on the sentencing guidelines specified in Article 62-2 of the Social Service Order Criminal Act: violation of the 2-year suspension of imprisonment without prison labor for a period of 6 months, causing an accident that causes the injury to the victim on the crosswalks; the injury suffered by the victim is not easy; the victim is limited to liability insurance.