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(영문) 서울남부지방법원 2015.12.03 2015고단4518

교통사고처리특례법위반

Text

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

except that 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 engaged in driving a wing truck B.

On June 22, 2015, the Defendant driven the above truck on June 22, 2015, and proceeded from the raw ginseng distance, which was located four-lanes of the 33-lane, Guro-gu, Seoul, 89 (Oodong-dong-dong-dong-dong-dong-si), the direction of which was about 50 km in speed, along three-lanes from the raw ginseng distance in front of the entrance into the East River-gu, Seoul.

At all times, there are an intersection where signal lights are installed, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a vehicle driving the motor vehicle to reduce the speed and to cross the intersection and to drive the motor vehicle safely according to the new code.

Nevertheless, the defendant neglected this and went to the left at the edge of the road in the direction of the road by the negligence that the defendant went to the right and went to the left at the right, and received the bicycle of the victim C(65) who dried the crosswalk from the edge of the road.

Ultimately, the Defendant suffered injury to the victim, such as trauma and scarcity, which require approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A comprehensive traffic accident analysis report, report on the occurrence of a traffic accident, on-site photographs, CCTV images to be cut, signal cycle signs, CCTV images in buses, and a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) (Article 62(1) of the Act on the Punishment, etc. of Traffic Accidents No. 1 (Article 62-10) (Article 62(1)) (Article 6