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(영문) 전주지방법원 2015.05.12 2015고단104

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 rocketing car.

On July 20, 2014, the Defendant driven the above car on July 20, 2014, and led to the two-lane road in front of the Jinsan Fire Station, which is located at the Mamammpo-gu, Seoul Special Metropolitan City.

Since there are signals and crosswalks installed on the front door, in such a case, there was a duty of care to prevent accidents and drive safely by complying with signals and checking whether a person engaged in driving service has a pedestrian right to walk the crosswalk by checking whether he/she has a pedestrian or not.

Nevertheless, the Defendant neglected the above duty of care and neglected to follow and proceed with the signal, and the Defendant received the victim C (the age of 19) who dried the crosswalk from the right side of the vehicle driving direction to the left side of the vehicle to the left side of the pedestrian crossing in accordance with the pedestrian crossing sign.

Ultimately, the Defendant caused the victim by negligence in the course of performing the above duties to suffer injury, such as the booming of body parts of the arms and bones requiring medical treatment for about six months.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

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

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 concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The defendant's negligence is very serious, and the result of the victim's injury is serious, in violation of the reason for sentencing of Article 62-2 of the Social Service Order Criminal Act, and the defendant is highly likely to be subject to criticism.

On the other hand, the defendant's vehicle is driving.