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(영문) 서울중앙지방법원 2014.10.22 2014고단2923

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of CM5 vehicles.

On April 4, 2014, the Defendant driven the above vehicle at a speed of 05:20 on April 4, 2014, and made the front road of the Saeong apartment in Gangnam-gu Seoul Metropolitan Government to turn to the left at an unsafly speed from the Saeong apartment shooting range to the safrode distance.

At the same time, there is a crosswalk where a signal, etc. is installed, so a person engaged in driving of a vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well, and to safely drive the vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim D (the age of 60) who cross the crosswalk from the left-hand side to the right-hand side in accordance with the pedestrian signals due to the negligence of left-hand turn on the driver signal of the vehicle. However, the defendant was forced to avoid this, but the defendant did not avoid it, but did not go beyond the ground by receiving the victim from the front-hander of the vehicle of the defendant.

Ultimately, the Defendant suffered from the Defendant’s injury, such as chest pressure pressure, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation by telephone;

1. The actual condition survey report;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the fact that the mistake of the person himself/herself is against, the fact that the recovery of damage is deemed to have been made in a considerable part by insurance, the fact that the victim has agreed with the victim, and the fact