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(영문) 서울서부지방법원 2015.05.19 2015고단206
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than 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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Cone Stars.

On November 27, 2014, at around 06:20, the Defendant driven the above van, and proceeded bypassing the distance prior to the E public notice telecom, which is located in Seodaemun-gu Seoul Metropolitan Government, to the front of the E public notice telecom, from the surface of the west-gu, Seodaemun-gu, Seoul, to the front of the E public notice telecom, according to the first line of the E public notice.

At the time, the Defendant had a duty of care to check whether a person engaged in driving of a motor vehicle is a pedestrian walking the crosswalk by viewing the direction and the right of the motor vehicle, and to safely bypassing the crosswalk, and to prevent the accident in advance.

Nevertheless, the defendant did not find out the victim F (70 years of age) who walked the crosswalk from the right side of the defendant's running direction to the left side without the driver's license, and did not find the victim F (the 70 years of age) who walked the crosswalk in the right side of the defendant's driving, and got the victim to go beyond the floor.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim, such as an injury from an external wound, which had no open address within 56 days of medical treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license from around about 8 km section from the Seocho Village Apartment-ro, Seoyang-gu, Seoyang-gu, Seoyang-si, to the location of the accident described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Each photograph;

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

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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