beta
(영문) 서울중앙지방법원 2013.09.27 2013고단4344

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a c construction machinery soft machine.

On May 6, 2013, at around 07:40, the Defendant stopped in order to enter the subway construction site located on the left side of the front side of the safety zone among three-lanes, the string of the off-distance gate of the off-lane 147-2 of Samsungcheon-dong, Gangnam-gu, Seoul. At around 07:40, there was a crosswalk on which signals, etc. are installed.

In such cases, the driver of a motor vehicle has the duty of care to check whether there is a person who gets on the way to reduce speed and check the right and the right and the right of the motor vehicle and to prevent the accident in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the defendant neglected this and neglected to turn to the left, but did not see the victim D (the age of 48) who was crossing from the right side of the proceeding direction to the left side due to the occupational negligence, in violation of the signal, while the former signal is a stop signal.

As a result, the Defendant caused the victim by the above occupational negligence to suffer injury, such as cutting off the upper left side of the treatment days, cutting down the body of the unexploded in detail, cutting down the pelle of the pelle part of the treatment days, cutting off the pelle of the pelle and pelle of the pelle, and cutting

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Information on accidents in the Republic of Korea (related to statements of suspected suspects);

1. Investigation report (Attachment of output of black stuffs);

1. Application of Acts and subordinate statutes to medical certificates and copies thereof;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [decision of types] traffic crimes, general traffic accidents, and type 1 traffic accidents.