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(영문) 서울중앙지방법원 2017.08.30 2017고단3491

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 a period of two years 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 DF rocketing car.

On October 24, 2016, at around 15:14, the Defendant tried to make a left-hand turn to the left-hand turn at the seat of the police box located in the 227-lane in front of the three-lane distance from the National Bank of Korea, Gangnam-gu, Seoul.

Since the location is a place where signal apparatus and crosswalk are installed on the front side, a person engaged in driving service has a duty of care to safely drive according to the new code.

Nevertheless, the Defendant neglected this and caused the victim to suffer approximately three months of cerebral cerebral cerebral cerebral typone, the left-hand pelle and the left-hand pelle part of the victim E (n, e.g., 59 years old) who walked along the crosswalk from the right side of the Defendant’s vehicle to the left side of the direction of the vehicle, by the occupational negligence that entered the road within the crosswalk, even though the vehicle signal was red, and caused the victim to suffer approximately three months of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. A written statement of the occurrence of a traffic accident (the sequence 11 of the evidence list);

1. A survey report on actual condition, internal investigation report-number of wood shootings, internal investigation report (outstanding internal investigation report), signal system, signal system-signal system, application for access to CCTV image data, CCTV image data, signal signal cycle, signal signal list, internal investigation report - The cases of the number of witness witnesses of the driver's land category of the vehicle, traffic accident analysis report, investigation report (referring to the statement hearing report of the shot shot shot shot shot shot shot shot shot shot shot shot shot shot);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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;

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