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(영문) 서울동부지방법원 2013.09.12 2013고단1422

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three 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 CCA110 motorcycle.

At around 13:00 on April 1, 2013, the Defendant driven the above Oral Ba, and led to the flow of the road of one lane in front of the Seoul Special Metropolitan City Gwangjin-gu Automatic 362-1, Seoul Special Metropolitan City, along a three-lane distance from the front intersection, at an insular speed.

Since there are places where the center line, signal lights, and crosswalks are installed, there was a duty of care to safely drive the motor vehicle and prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim D (the age of 74) who crosses the crosswalk from the right side to the left side of the crosswalk in order to overtake the signal waiting vehicle, even though he was fluored with the center line of yellow-ray and the vehicle stop signal.

As a result, the Defendant suffered two serious symptoms (the need to be tried six months after the completion of the medical procedure) that require rehabilitation treatment for about six months from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A written proceedings;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, internal investigation report, photographs, investigation reports, photographs (G CCTVs), local control equipment operation data, medical certificates, field photographs, and investigation report (victim's report on telephone conversations);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (with regard to the fact that the defendant is pening his mistake in depth, that he does not want the punishment by mutual consent with the south of the victim, and

1. Not less than Article 62-2 of the Criminal Act to provide community service and attend lectures;