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(영문) 서울북부지방법원 2013.04.04 2013고단227

교통사고처리특례법위반

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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 engaged in driving of B 4.5 tons of cargo vehicles.

The Defendant, at around 19:50 on October 19, 2012, drives the above cargo vehicle and proceeding at the speed right from the distance of red wave to the distance of red wave along the fourth-lane of the Seoul Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the fourth-lane of the 844-lane.

After stopping, it was intended to make a right-hand visit to the Dongdaemun Police Station.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a pedestrian traveling along a crosswalk by checking well the right and the right of the motor vehicle, and to prevent accidents in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, while the defendant neglected this and stopped on the red signal for the front side, the defendant did not find the victim C(71 years of age) crossing the crosswalk from the left side of the above cargo vehicle to the right side according to the pedestrian signal, and did not find the victim C(71 years of age) and entered the right side of the above cargo vehicle as it is, due to the occupational negligence that entered the right side of the above cargo vehicle and got the victim over the floor by shocking the victim with the right side of the above cargo vehicle.

As a result, the defendant suffered injury such as the 16 weeks of medical treatment from the victim, the Hashed Hashed Hashed Hashed Hashed, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A supplementary statement to C;

1. The actual condition of traffic accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Determination of type] for traffic accidents in general traffic accidents: Reduction factors of traffic accidents (special-sponsor]: Aggravation of punishment (including serious efforts to recover the damage):