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(영문) 서울동부지방법원 2013.07.08 2013고단1045

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 of the final judgment.

Reasons

Punishment of the crime

At around 11:10 on April 10, 2013, the Defendant, who is engaged in the driving of the B-wheeled Vehicle, was proceeding bypassing the village distance of 449-19 located in Gangdong-gu Seoul Metropolitan City, Gangdong-gu, Seoul, from the Olympic Bridge to the flood control area at a speed of 40km per hour.

At the same time, there was a crosswalk at the front of the road, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant, while neglecting the above duty of care and going through as it was, had the victim C (Nam, 18 years old), who flicked a crosswalk, flicked the front part of the two-wheeled vehicle, and caused the victim to suffer injury, such as internal side flicks, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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

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

1. The crime of this case in the reason of sentencing in Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant shocked a victim crossinging the crosswalk and the nature of the crime is not good, the degree of injury suffered by the victim is not easy, and it is anticipated that the defendant can be limited to liability insurance because he purchased the liability insurance, and it is anticipated that the defendant has no specific criminal power other than those subject to punishment twice as a fine, the defendant is the most responsible for supporting his family, the defendant's mistake is recognized and against the defendant, and other facts.