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(영문) 서울중앙지방법원 2013.03.08 2013고단69

교통사고처리특례법위반

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

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

Reasons

Punishment of the crime

The defendant is a person who drives B rocketing another car.

On November 20, 2012, around 15:40 on November 20, 2012, the Defendant driven the said car on the four-lanes in front of the 641-20th parallel road in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the distance of reverse Triri Station from the distance of the next hospital.

At all times, the crosswalk with signal apparatus has a duty of care to reduce speed in advance for the person engaged in driving service and check the signal in advance and prevent the accident of the person passing the crosswalk in advance only when the signal apparatus is a vehicle driving signal.

Nevertheless, the Defendant neglected this and led to the negligence of driving the said crosswalk on the right side by the victim C (the age of 51) who driven the said crosswalk from the right side of the road. The left side part of the DNA Rotoba, which was driven by the victim C (the age of 51), was shocked by the front part of the

As a result, the defendant suffered injury to the victim of the 12 weeks of medical treatment, excluding the left-hand spulll spulverization pulverization.

Summary of Evidence

1. Defendant's legal statement;

1. C's accident explanatory note;

1. The actual condition survey report;

1. On-site photographs and vehicle photographs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a suspended sentence] Traffic crime, general traffic accident, type 1 (the injury of a traffic accident): Reduction element - No increased element: [Scope of recommending punishment] No more than 6 months of imprisonment without prison labor (the range of recommending punishment] [Judgment of a suspended sentence] the crime in this case where the defendant suffered serious injury that requires approximately 12 weeks of medical treatment to the victim due to the shock of the driver's error in driving the crosswalk which the defendant driven in violation of the signal, resulting in a serious injury that caused about 12 weeks of medical treatment. However, the crime in this case is not somewhat weak, but the defendant is not guilty.