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(영문) 서울중앙지방법원 2019.03.28 2018고단8505
교통사고처리특례법위반(치상)
Text

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

except that 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 motor vehicle B inside the Poter II.

At around 11:00 on November 16, 2018, the Defendant, a four-lane road located in Seocho-gu Seoul Special Metropolitan City Hunol-ro, was proceeding at a sloping speed depending on four-lanes from the Sungnam bank to the two-lanes.

Since there is 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 he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and went beyond the ground by neglecting the fact that the vehicle progress signal is changed to the stop signal, and due to the negligence of proceeding, the Defendant used the crosswalk in accordance with the pedestrian signals, which led the victim C (Woo, 42 years old) to the left side from the right side of the Defendant’s vehicle to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as a thring of 8 weeks of medical treatment, due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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. It shall be decided as per the disposition for the reason under Article 62 (1) of the Criminal Act or more of the Criminal Act, taking into account the fact that the suspension of execution (such as agreed with the victim and his depth

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