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(영문) 서울북부지방법원 2015.06.09 2015고단886

교통사고처리특례법위반

Text

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

However, 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 a vehicle B.

On January 5, 2015, the defendant driving the above vehicle as a duty of around 20:19, and driving the first lane of the 47-lane 47-lane, Seongbuk-gu, Seoul, into the right edge of the clock distance from the corner of the monthly valley, and turn to the left.

At the time, the passage of the crosswalk was done in the night, and there was a crosswalk in which signal lights are installed, so in such a case, the driver has a duty of care to observe the signal, temporarily stop or reduce the speed to the driver, and to check whether there is a person driving the crosswalk, and to safely drive it in order to prevent the occurrence of the accident by safely driving it.

Nevertheless, the defendant neglected this and got the victim C who walked on the crosswalk in accordance with the math pedestrian green signal while leaving the right left as it is in violation of the red signal of the vehicle, and received the victim C from the left side of the defendant's vehicle and let the victim go beyond the road.

As a result, the Defendant suffered from the above occupational negligence that the victim suffered from injury, such as cutting the body of the upper body of the upper body of the right which requires treatment for about five weeks, injury to the sponse of the sponse, etc. which requires treatment for about four weeks, and injury to the sponse, tensions, tensions, etc. of the bones of the sponse that require treatment

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on investigation (a counter investigation, etc. into shootings);

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The scope of recommendations and sentences for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures shall be limited to the aggravated area of traffic accidents of the first type;