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(영문) 춘천지방법원 강릉지원 2013.06.26 2012고단1035

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 10, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) by driving a vehicle for cargo of the Cpoter without obtaining a driver’s license on July 10, 2012, and driving the 2764-line two lanes prior to a landing business entity, which is located in the 2764 Gangseo-si, along the two-lanes, led to bypassing the road from the jurisdiction of the Military Manpower Administration to the flooding area.

At the same time, the intersection signal is installed, and the pedestrian signal is installed immediately before the intersection enters the intersection, so a person engaged in the driving duty has a duty of care to prevent accidents, such as making a stop immediately before the crosswalk, depending on the intersection signal, etc., if the intersection signal is red and the pedestrian signal is green.

Nevertheless, the Defendant neglected this, while driving the above vehicle, which is driven by the Defendant due to the negligence that the crossing signal is red and the pedestrian signal is green, and the Defendant failed to perform the duty of pedestrians on the crosswalk, and received the victim D (W, 81 years old) who walked on the right side of the direction of the Defendant, walking along the crosswalk for pedestrians on the right side of the road.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence, such as a plekele that requires approximately six weeks of treatment.

2. Around 05:00 on July 10, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) started from the agricultural product wholesale market located in the Gangseo-si heritage of Gangseo-si without obtaining a driver’s license, and operated a vehicle at a approximately 5km section from the product wholesale market to the consideration hospital located in the Ycheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey reports, photographs, written statements, and medical certificates;

1. Relevant provisions of the Act and the proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.