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(영문) 서울북부지방법원 2016.05.26 2016고단599
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 low-priced car.

On December 30, 2015, the Defendant driven the above car at around 06:08, and moved to the intersection of the three-lanes in front of the Nonghyup Bank, in Hancheon-ro, Seoul, Gangnam-gu, Seoul, about 1091, bypassing from the 4.19 historical distance to the running distance.

Since there is an intersection in which crosswalks are installed, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the right and the right and the right of the road well and to safely make a right and right of the road.

Nevertheless, the Defendant neglected this and did not discover the victim E (at the age of 58) crossing the crosswalk in the direction of the left side of the Defendant's vehicle in the direction of the pedestrian name in the direction of the left side of the Defendant's course, but did not discover the victim E (at the age of 58) and had the victim go beyond the ground by taking part of the victim's left side of the passenger vehicle.

Ultimately, the Defendant suffered from the Defendant’s negligence in the above occupational negligence, 12 weeks of the need to give approximately 12 chest pressure to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Consideration, such as the scope of recommendations according to the sentencing guidelines for traffic crimes for the reasons of sentencing under Article 62 (1) of the Criminal Act and the standards for suspension of execution, the fact that the accused can only be punished by a fine for a different crime, the vehicle driven by the accused is covered by a comprehensive insurance, and the defendant has deposited 10 million won for the victim in the trial of the party;

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