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(영문) 서울서부지방법원 2016.06.21 2016고단1071

교통사고처리특례법위반

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

However, the execution of the above sentence shall be suspended for a period of 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 Bchip car.

On March 11, 2016, the Defendant driven the above car at around 10:15 and proceeded along the two-lanes of the three-lane road in Yongsan-gu Seoul Metropolitan Government, which is located in Yongsan-gu, in front of the D Mart crossing, the Defendant turned to the speed of about 10km per hour from the original e-sections of the electronic commercial parking lot at the speed of about 10km.

Since the place is where crosswalks are installed in the front door, there was a duty of care to prevent accidents in advance by driving safely by checking whether there is a person driving a vehicle, such as reducing speed and checking the right and the right and the right of the vehicle.

Nevertheless, the defendant neglected to do so and did not discover the victim E (the age of 24) who walked on the right side of the vehicle operated by the defendant and did not discover the victim E (the age of 24) and had the victim go beyond the road due to the front part of the vehicle operated by the defendant, with the front part of the vehicle operated by the defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of a wide range of 12 weeks body organs and bones of the body requiring medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes (12 pages of investigation records);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] general traffic accidents in Article 62(1) of the Criminal Act [the scope of recommending punishment] (one to six months) mitigation area (one to one who is specially mitigated) [including efforts to recover damage] punishment not (including efforts to compensate damage] [the decision of sentence] Defendant’s negligence, causing harm to pedestrians who dried the crosswalk.

(b).