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(영문) 서울남부지방법원 2016.07.07 2016고단882
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle in sealed class Ⅲ.

On February 19, 2016, the Defendant driven the above vehicle around 18:59, and driven the front road of Yeongdeungpo-gu Seoul Metropolitan Government E along the two-lanes between the two-lanes in the direction of the children's park to the intersection of the friendly apartment.

Since there was an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals by reducing speed and by properly examining the right and the right of the signal.

Nevertheless, the defendant neglected this and failed to proceed immediately in violation of the signal, and caused the victim F (12 3) who was crossing Kwikset from the right side of the defendant's proceeding to the left side of Kwikset and cross the road to the right side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand body felball, which requires approximately seven weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to survey reports on actual condition, traffic accident-related photographs, and diagnostic certificates;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Normal circumstances that are favorable for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant has no previous criminal records; the motor vehicle of the defendant is covered by the comprehensive motor vehicle insurance; the victim has a collision with a motor vehicle driving by the defendant who is off the crosswalk and crosses the intersection; there is some negligence on the part of the victim; one million won has been deposited for the victim;

(k) Unfavorable circumstances: pedestrians who violate signal signals and are shocked, and the degree of injury is not weak;

The defendant's age, sex, family environment, motive and circumstance of the crime, means and result of the crime, after the crime.

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