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(영문) 서울중앙지방법원 2014.07.23 2014고단3814
교통사고처리특례법위반
Text

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

However, 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 who is engaged in the duty of driving a scenario vehicle B.

On May 7, 2014, the Defendant driven the above vehicle at around 08:30, and made the turn to the left at a speed of about 10 km at a speed of about 10 km from the waterside to the waterside 6 apartment complex of the Seogu-gu, Seoul Metropolitan Government at 726-5.

At the time, since the location is where a crosswalk without signal lights is installed, there was a duty of care to prevent accidents in advance by examining whether a person who is engaged in driving of a motor vehicle is a person driving the motor vehicle.

Nevertheless, when the defendant neglected this and neglected to turn to the left, the defendant did not discover the victim C who crossed the crosswalk from the right side of the back side of the defendant's vehicle running on the left side to the left side, and did not 85 years old and shocked to the right side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim by the above occupational negligence, 10 weeks of the need for medical treatment, such as acute pressure pressure 2 and 3 times.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

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

1. Applicable provisions of Acts to criminal facts and the proviso to Article 3 (1), Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Selection and Handling of Traffic Accidents, Article 268 of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] The basic area ( April to October) (decision of sentence) among the Class I (Bodily Injury resulting from Traffic Accidents) of general traffic accidents [decision of sentence] One year of suspended execution (the first crime, comprehensive motor vehicle insurance in which a damaged motor vehicle is subscribed for, the amount of treatment expenses, agreed money, etc. is anticipated to be processed smoothly, the defendant is remarkably good in the circumstances after committing the crime, such as taking affirmative relief measures after the accident, and taking into account the fact that the circumstances after committing the crime are remarkably contradictory,

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