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(영문) 서울남부지방법원 2013.05.14 2013고단675
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 tXG car.

On January 24, 2013, the Defendant driven the above van around 07:20 on January 24, 2013, and proceeded at a speed of about 30 km per hour on the two-lanes in the front of the National Assembly Secretariat of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, toward the two-lanes of the parallel.

The location was a crosswalk installed with signal lights on the front door, so it was confirmed whether a person engaged in driving of a motor vehicle is a person who gets on the front door by reducing the speed and checking well the front door, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the defendant neglected this and did not find the victim C(39 years of age) who has cross the marina crossing from the left side to the right side by the negligence of continuing the same speed even though the signal was a stop signal, and did not get the victim to go beyond the road.

As a result, the Defendant suffered injury, such as the deprivation of fals of fals, from the victim’s occupational negligence, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accidents by C;

1. Report on traffic accident (actual survey1, 2);

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including deposits of one million won for a victim and taking into account the fact that one million won is covered by a comprehensive insurance);

1. Social service order under Article 62-2 of the Criminal Act;

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