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(영문) 서울서부지방법원 2017.04.13 2017고단111

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2016, the Defendant, as a person engaged in dump truck (25.5 tons), driven the above vehicle on or around 13:45 on October 8, 2016, and tried to turn off the three lanes of the 24th World Cup 2nd two lanes in front of the Seoul Mapo-gu, Mapo-gu, Seoul to the right-hand speed.

At the same time, the intersection is an intersection, and the signal apparatus, crosswalk, and a children protection zone installed with bicycle lanes was adjacent thereto. In such cases, the Defendant’s vehicle signal for the direction of the passage was green, and thus, the driver of the vehicle shall stop in front of the crosswalk and shall not make a right-hand way.

Nevertheless, the Defendant got a bicycle for the victim C (the remaining and the 10-year-old vehicle) driving on the bicycle lane from the right side of the Defendant's running direction to the left side of the bicycle lane in contravention of the signal signal with a red signal.

As a result, the Defendant suffered injury to the victim, such as the number of days of treatment due to occupational negligence in violation of the signal, the complete need for treatment, and the closed garrising in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to medical certificates and investigation reports (victim’s mother’s telephone hearing);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommended punishment] The basic area (4 months to one year) (the person subject to special sentencing] of the type 1 traffic accident (the person subject to special sentencing] (the decision of sentence] of the above Article 62-2 of the Criminal Act shall be the bicycle lane by negligence committed by the defendant in violation of the signal.