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(영문) 서울남부지방법원 2015.08.11 2015고단1784

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 car in a SP area.

On March 13, 2015, at around 22:55, the Defendant opened Guro-gu Seoul Metropolitan Government 20-ro 6 (Opening-dong) Hyundai Home Town 6 (Opening-dong) apartment complex, to turn to the left.

On the front of that place, there was a crosswalk where signal lights are not installed, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle using the crosswalk by reducing the speed and by checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in advance to prevent accidents

Nevertheless, the defendant neglected to do so and neglected to do so, caused the part of the bridge of the victim D (the age of 40) who was standing a crosswalk to the right side from the left side of the running direction of the defendant to go beyond the floor due to the shock of the vehicle driving by the defendant, and the part of the bridge of the victim's right side to the right side of the road driving by the driver's seat.

Ultimately, the Defendant suffered approximately 16 weeks of medical treatment due to the above occupational negligence, such as the closure frame and scambling of the body of scambling that require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents, reports on and intensity of traffic accidents, statements on the occurrence of each traffic accident, attaching photographs of the vehicle involved in the accident, and attaching photographs of the scene of the accident;

1. Application of Acts and subordinate statutes to medical certificates for preparation of doctor;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] general traffic accidents in Article 62(1) of the Criminal Act. There is no basic area (four to ten months) (the person causing a traffic accident) (the person causing a traffic accident) (the decision of sentencing]. The injury is serious on the crosswalk.