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(영문) 서울중앙지방법원 2014.12.12 2014고단7971

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 car in Cststuna three vehicles.

On July 18, 2014, the Defendant driven the above car on July 04:23, 2014, and proceeded at about 40 km from the parallel side of the Dobongcheon Apartment-ro, Seoul Special Metropolitan City, by three-lanes in front of the 247-lane.

Since there is a crosswalk where signal, etc. is installed, the driver of the motor vehicle was obliged to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, by neglecting this, the Defendant did not discover the victim D (7 years of age) who laid the crosswalk from the left side of the Defendant’s running direction to the right side in accordance with the pedestrian signals by neglecting the stop signal as it is, and neglecting it, caused the victim to go beyond the ground by receiving the victim’s head from the front side of the left side of the said car.

Ultimately, the Defendant caused the victim to suffer serious injury due to the above occupational negligence, which caused the victim to suffer from serious injury, such as the blood transfusion, the pelle of the right-hand pelle, and the structural pelle of the left-hand pelle, thereby causing danger to his life by causing the victim to an unknown state.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. Investigation report (the details of statements made by shot persons, and hearing statements and reports made by victims by telephone);

1. A traffic accident report;

1. Each medical certificate and medical opinion;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of the circumstances, such as the fact that the person's mistake is against himself/herself, that is the primary offender, that is the insurance, and that there is an agreement with the victim);

1. Social service order under the Criminal Act;