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(영문) 서울남부지방법원 2016.01.21 2015고단4985
교통사고처리특례법위반
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 October 15, 2015, at around 14:49, the Defendant driven a C Car Transport Corpon, and led the Defendant to drive one lane of the three-lanes in front of Yeongdeungpo-gu Seoul Metropolitan Government D in front of the three-lanes from the front distance room of the city of Yeongdeungpo-gu to the front distance room of the Gu.

There was a duty of care to temporarily stop the sidewalk before crossing the sidewalk, and to examine whether there was a pedestrian by examining the left and right of the driver of the vehicle, when crossing the sidewalk to enter a place other than the road.

Nevertheless, the defendant spawn over the center line in order to go to the oil station on the left side of the defendant's running side, and due to the negligence of crossing the sidewalk without examining the left side of the sidewalk, and discovered and immediately stopped the victim E (89 years old) who was coming to the right side from the left side of the running side of the defendant's running side, but did not avoid the address, and the victim spawned down the front side of the left side of the above spawn and let the victim go beyond the sidewalk.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the flaging of the 16 week-of-the-day care by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 2 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., entering into a comprehensive insurance contract, entering into an agreement with the victim, and having a previous conviction and a suspended sentence due to the actual injury in business operations in 1974) of the Act on the Suspension of Execution [the scope of the recommended sentence] the basic area (i.e., April- October) (i., a person who has been specially mitigated) [including a person who has been subject to special mitigation (including a serious effort to recover damage)] / Cases where illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Union is serious.

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