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(영문) 서울남부지방법원 2015.07.16 2015고단2060

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle B.

On April 8, 2015, the suspect driven the above vehicle on April 02:47, and led the Yeongdeungpo-gu War Prisoners of war in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to proceed to approximately 40 km each other at a speed of 2 km between the two-lanes of the city.

At all times, the intersection with traffic congestion is an intersection with a two-way signal system, so in such a case, the person engaged in driving service has a duty of care to safely drive according to signals by accurately verifying the signal.

Nevertheless, the suspect neglected this and found the victim C (the 20 years old and south) who is crossing the crosswalk at the port from the right side of the direction where the defendant proceeded with the intersection by failing to confirm the stop signal on the surface of the Yeongdeungpo-gu underground road, in the middle stop line at the intersection, without confirming the stop signal, and discovered late from the left side of the direction where the defendant passed along the crosswalk according to the pedestrian crossing signal, and caused the victim to go beyond the floor with the front part of the vehicle operated by the defendant, and caused the victim to suffer from the injury of the victim, such as the left side of the front part of the vehicle and the stoke and the stoke, etc. requiring approximately 8 weeks medical treatment.

2. Violation of the Road Traffic Act (Refusal of measurement) caused a traffic accident on April 8, 2015, from around 03:26 to around 03:56, and caused a traffic accident as referred to in the above paragraph (1) of the same Article, and thus, during the investigation conducted by the traffic survey division of the Yeongdeungpo Police Station, the Defendant was demanded to comply with the measurement of alcohol by inserting approximately 30 minutes of alcohol in a manner of making it difficult for him/her to recognize that he/she was driven while under the influence of alcohol, such as smelling the traffic of the Yeongdeungpo Police Station and an affiliated slopeD from his/her affiliated slope, making the Defendant take a smell on his/her face, and her face, but did not comply with it without justifiable grounds

The defendant is therefore justified.