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(영문) 서울북부지방법원 2014.02.13 2013고단2556

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 car owned by CSS5.

On August 13, 2013, the Defendant driven the above car on August 18:35, 2013, and driven the road of 166-4 Do-do 166-4 Do-dong, Jung-gu, Seoul, Jung-gu, Seoul, with two lanes in the direction of the long-distance teacher in the reservoir parking lot.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected the vehicle driving signal to a stop signal, but due to the negligence of violating and proceeding the signal, and caused the part of the light of the said vehicle to go on the right side of the victim E (Nam, 8 years old) who cross the crosswalk from the crosswalk to the left side in accordance with the said pedestrian signals.

Ultimately, the Defendant suffered from the victim’s bodily injury, such as the 16 weeks’ above occupational negligence, the sum of the original expenditure, the opening of the body, the annual installment payments, and the amount of loss incurred by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. To make a report on a witness's telephone oral reception or hearing and visit victims;

1. A report on internal investigation (referring to internal investigation on the signals at the time of the accident);

1. Babbboxes and photographs to capture them;

1. An investigation report (Attachment to a medical certificate for injury and an application for carbon);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), 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 concerning criminal facts;

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

1. The degree of negligence and degree of injury under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures and the degree of injury are expected to be a child and the victim is expected to be a child: Provided, That in consideration of all the circumstances, such as subscription to liability insurance and the father