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(영문) 서울동부지방법원 2017.04.20 2017고단613
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 16, 2016, the Defendant driven a B L-W car on November 17:37, 2016, and proceeded with the access road to the river north of the river, which is located in the 3-lane 7 diver of Seoul Gwangjin-gu, Seoul, at the seat of the J-gu Seoul, at approximately 40 km from the diver intersection to the north north of the river.

There is a duty of care to safely pass a crosswalk after checking whether there is a person who crosses a crosswalk without signal, etc., and a person engaged in driving service has a duty of care to safely pass the crosswalk after reducing speed and checking the right and the right.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the said vehicle, and thereby, received the victim C (28 tax, female) (hereinafter referred to as the “victim”) who dried the crosswalk from the right side of the said vehicle to the left side.

As a result, the Defendant suffered injury, such as abandonment dynasium on the left-hand side in need of approximately 12 weeks medical treatment due to these occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a punishment without prison labor (in cases of an accident in violation of the duty to protect pedestrians at a crosswalk, taking into account the fact that the accident occurred and the degree of injury suffered by the victim is serious);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Punishment, etc. of

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