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(영문) 서울남부지방법원 2014.06.27 2014고단1565

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor 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

The defendant is a person who is engaged in driving a ice car.

On April 1, 2014, the Defendant driven the said car on April 12:48, 201, and proceeded at a speed of about 40 km from the south-gu to the south-gu along the two-way speed of the two-way line in front of the fishery at every 39 Do-ro, Guro-gu, Seoul.

There are crosswalks where signal lights are installed on the front door, so in such a case, the driver of the motor vehicle has a duty of care to properly maintain the signal and prevent the accident with the person driving the motor vehicle in advance by driving the signal.

그럼에도 불구하고 피고인은 이를 게을리 한 채 신호가 차량 정지신호임에도 신호를 위반하여 그대로 진행한 과실로 위 승용차 진행방향 좌측에서 우측으로 보행신호에 따라 횡단보도를 횡단하고 있던 피해자 C(여, 67세)을 위 승용차 앞 범퍼로 들이 받아 피해자로 하여금 그 충돌로 약 3m 정도 튕겨져 바닥에 떨어지게 하였다.

After all, the Defendant suffered from the victim’s occupational negligence such as the malone’s malone, the malone’s malone and the malone’s malone’s malone, which require treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Video materials for video recording of black boxes;

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Article 62-2 of the Criminal Act: Type 1 (Death or Injury resulting from Traffic Accidents) (No Special Punishment) (Decision of Sentence]; 6 months of imprisonment without prison labor for 6 months; 1 year of suspended execution (see, e.g., a primary crime and a comprehensive motor vehicle insurance)