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(영문) 서울중앙지방법원 2013.08.30 2013고단3764
교통사고처리특례법위반
Text

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

except that 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 CM freight cars.

On February 28, 2013, the Defendant driving a cargo vehicle as of February 21, 2013 as of the duties of around 21:40, while driving the said cargo vehicle, the Defendant runs from the 2nd two lanes of the 112-1st two lanes in Jung-gu Seoul, Jung-gu to the 3rd two lanes of the 112-1st two lanes in the 2nd two intersections

The right of way has become a right of way in front of the nuclear power sports.

Since the Defendant had a crosswalk on the one-way passage in which he was about to make a right-hand, in such a case, the Defendant was obliged to temporarily stop and have a duty of care to safely proceed after checking whether there is a person who gets on the crosswalk.

Nevertheless, the defendant neglected to do so and got the victim D (51 years old) who opened the crosswalk to the port from the right side of the defendant's direction to the right side of the cargo due to the negligence of the defendant's failure to move to the right side of the cargo.

As a result, the Defendant suffered from the injury of the victim, such as a closed duplicative sofa, which requires continuous treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report (1), (2);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [decision of a type] general traffic accident, type 1 (the injury of a traffic accident) - Where a serious injury occurs: the mitigated element: In the event of serious injury: the serious effort [the scope of the sentence of recommendation] to recover the damage, April - 10 (basic area] of the imprisonment without prison labor, 4 months (the scope of the sentence of recommendation] - the defendant caused an accident at the crosswalk, and there is a disadvantage that the victim suffers a serious injury due to the strongness, food, or mixed condition at the crosswalk as of the above accident, but the defendant committed the crime in this case at the time of the first crime.

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