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(영문) 서울동부지방법원 2014.12.08 2014고단2270

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for six 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 D-Wood vehicle.

On May 14, 2014, at around 22:33, the Defendant made the left turn to the left at the 2,4-side of the Gangseo-gu Seoul Metropolitan Government 93 Aririririthro 40-gil, the intersection of the 1,3-lane Trithm 1, the 5-lane Brithm 2,00.

In this case, the driver of a motor vehicle has a duty of care to temporarily stop in front of the crosswalk to prevent pedestrians from crossing or endangering pedestrians.

Nevertheless, when the Defendant neglected to turn to the left without neglecting it, the Defendant got the victim E (the age of 47) who was standing the crosswalk from the right-hand side of the horse to the left-hand side, and continued to go above the crosswalk to the front-hand part of the said vehicle. The Defendant got back the victim to the front-hand part of the said vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. E's statement of traffic accident;

1. Vehicles involved in accidents and photographs of accident sites;

1. Application of CCTV systems for witness buses;

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

1. The following circumstances and the defendant's age, character and conduct, family relationship, and conditions before and after crimes are included within the scope of the applicable sentences (a general traffic accident, type 1 (Death resulting from traffic accident), the basic area (from April to October) according to the sentencing guidelines under the Act on the Reasons for the Suspension of Execution of Sentence 1 (a favorable circumstances among the reasons for sentencing) of Article 62 (1) of the Criminal Act and the scope of the sentence according to the sentencing guidelines for traffic crimes: