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(영문) 서울서부지방법원 2013.09.26 2013고단2058
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On July 24, 2013, the Defendant driven the above vehicle at a speed of 15:40 on July 24, 2013, and driven the road of 415-6, Seodaemun-gu, Seoul, Hong-dong, Seoul, with two lanes from the modern traffic protection area to the Hongnam Intersection.

Since the place has a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, when the vehicle's progress signal is neglected and progress as it is, it is not found that the victim D (86 years old) who gets a bicycle or a crosswalk on the right side from the left side of the marina course direction is not found, and the victim was faced with the front glass of the defendant's bicycle Hand in front of the left side of the defendant's vehicle.

In the end, the Defendant suffered injury, such as the sofashion of the body part 1, which requires a stable medical treatment for the victim, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to investigation reports and diagnosis reports;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act on the suspended execution (the first offender, reflectivity, agreement, comprehensive insurance policy, and elderly consideration);

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