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(영문) 수원지방법원 성남지원 2016.12.01 2016고단2451

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for 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

The defendant is a person who is engaged in driving of a 1 ton cargo vehicle B.

On May 3, 2016, at around 13:25, the Defendant driven the front road of Gangnam-gu Seoul Metropolitan Government Seoul along the four-lanes in the direction of the shooting distance of the Gansung apartment.

Since signal lights and crosswalks are installed at a front door, a person engaged in driving of a motor vehicle has a duty of care to protect pedestrians by temporarily stopping in front of the crosswalk.

Nevertheless, the defendant neglected this and did not find out the victim D (56 years old) who has dried the crosswalk in accordance with the pedestrian signals on the right side of the right side of the defendant's running direction by negligence, and shocked the female into the front part of the vehicle of the defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the said victim, such as a multi-fluoral aggregate flasing, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on investigation;

1. Bluckings images, CCTV images at the scene of an accident, closure photographs and on-site photographs;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that a serious accident exists, but

1. Order to attend lectures under Article 62-2 of the Criminal Act;