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(영문) 서울동부지방법원 2016.04.14 2016고단370

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 20, 2016, the Defendant driven the above vehicle around 16:40, and led the two-lanes in front of the road zone located in 1183, as Gangdong-gu Seoul, Gangdong-gu, Seoul, to the right from the right edge of the road along the middle distance.

At the same time, there was a crosswalk where signal lights are installed on the front door, so the person engaged in driving of a motor vehicle has a duty to safely drive the motor vehicle in accordance with the traffic signals and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (the 64 years old) who cross the crosswalk from the left side to the right side of the crosswalk in accordance with the pedestrian signals by negligence while the signal is changed to the stop signal, and then was placed the victim in front of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as a table of ducts, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Video CDs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;