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(영문) 서울서부지방법원 2016.03.22 2016고단159

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 math car.

On November 25, 2015, the Defendant driven the above car at around 06:50 on November 25, 2015, and led the two-lanes between the three-lanes in Yongsan-gu, Yongsan-gu, Seoul to the direction of the Seoul Western Department in the direction of the south area.

At the time, it was night, it was difficult to set off a rain, and there was a crosswalk installed with signal apparatus at the front door, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle is a person who gets on a way to reduce speed and see well the right and the right and the right of the motor vehicle, and to prevent an accident by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and got the victim C (42) crossing the crosswalk in accordance with the Marsh 1, 200 by negligence, which was going beyond the road, by taking the victim C (42) who was crossing the crosswalk in accordance with the Marsh 1, 200.

Defendant 1 caused injury to the victim by negligence in the course of the above business as above, such as a 10-day radius in the right-to-hand and flapar in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report and a report on the occurrence of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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, and the

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is [the scope of recommendation] No person who does not have the basic area (4 months to October) (the person subject to special sentencing] [the sentence] [the defendant's decision] is erroneous in violating the signal and thereby causing injury to the victim crossing the crosswalk due to the occurrence of the instant traffic accident. In light of the fact that the defendant erred in violating the signal, the defendant's

However, the defendant agreed with the victim, and the driver's vehicle is the defendant.