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(영문) 서울동부지방법원 2015.02.25 2014고단3783

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years 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 Bone Star Co., Ltd.

Around 05:50 on December 4, 2014, the Defendant driven the above van and proceeded at a speed that could not be identified depending on the two-lanes from the southcheon Elementary School to the Namcheon High School, the front of the 1st apartment street in Geumcheon-ro 245, Songpa-gu, Seoul.

At the time, there is a pedestrian crossing in which signals, etc. are installed at night and at that time, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and safely drive the motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal and received the right-hand side of the victim C (Woo, 78 years old) who dried the crosswalk pursuant to the new subparagraph from the Defendant’s left-hand side.

The Defendant suffered injury to the victim, such as the 10-day pressure frame, which requires approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended execution [Scope of Recommendation] General Traffic Accidents in consideration of the following factors: Type 1 (Special Mitigation in April or October) (Special Mitigation in Case of Death resulting from Traffic Accidents) and the basic area (Special Mitigation in Case of Death resulting from Traffic Accidents)