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(영문) 서울남부지방법원 2015.05.07 2015고단1112

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 a BM5 car.

On January 2, 2015, the Defendant driven the said car on January 12:20, 2015, and turned back from the parking lot of the New Hospital Hospital in Yangcheon-gu Seoul Metropolitan Government to the parking string speed.

In this case, the driver of the motor vehicle has a duty of care to properly examine whether there is a pedestrian in the rear side, and accordingly to accurately manipulate the steering gear and brakes so that the accident should be prevented in advance.

Nevertheless, the Defendant neglected this and did not discover the victim E (year 76) who walked behind the Defendant’s vehicle from the bend in the bend parking zone due to the negligence of the Defendant, and did not find the victim E (year 76) and shocked the victim with the part behind the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as the 12-day pressure frame, which requires the victim to receive approximately twelve weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

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) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act on the grounds that there is no basic field (of April to October) of the first type of traffic accident (decision of sentence] [Judgment of special appearance] [Article 62(1)] [Article 62(1) of the Criminal Act on the grounds that there is no liability for the crime in light of the defendant's negligence and degree of damage, etc., but the responsibility for the crime is not less relaxed, the fact that the defendant recognizes and reflects the crime, the parking lot where the defendant works for the defendant is covered by the business compensation insurance, which appears to be the recovery of damage, the defendant has no criminal power except that punished once as a fine due to the crime