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(영문) 서울중앙지방법원 2015.04.01 2015고단592

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 who is engaged in driving freight B and B.

On December 2, 2014, the Defendant, at around 18:40, had a duty of care to reduce speed and safely proceed in accordance with the new subparagraph, on the ground that a reading center, in front of the Korean Economic Newspapers company located in Jung-gu Seoul, Jung-gu, Seoul, had a three-lane of the above road from the mid-gu, Jung-gu, Seoul, pursuant to the mid-gu, a mid-gu, a mid-gu, a three-lane. In such a case, the Defendant had a duty of care to reduce speed and safely proceed in accordance with the new subparagraph.

Nevertheless, the Defendant caused a traffic accident involving C(the age of 29) the victim C (the age of 29) who was standing a crosswalk in accordance with the new subparagraph due to the negligence that continued to proceed with the vehicle driving signal even though the vehicle driving signal was stopped, resulting in an injury to the victim, such as the left-class ever-class class and complex elbling of the staff requiring treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident;

1. Report on internal investigation ( telephone communications by reporters);

1. Accident video CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Four to ten months of imprisonment without prison labor within the scope of recommendations given on the sentencing criteria (the basic area of the first category of general traffic accidents);

2.The decision of the court below shall be made in consideration of the scope of the above recommendations and the following circumstances:

The circumstances at a disadvantage: The degree of negligence of the defendant is not less than that of the accident caused by the violation of the stop signal in front of the crosswalk, the circumstances favorable to the victim's serious injury: the comprehensive motor vehicle insurance is covered, the suspension of execution is not longer than that of the defendant, and the sentencing conditions indicated in the records, such as the age, character and