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(영문) 서울서부지방법원 2015.02.03 2014고단3638
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of VL125 Lone Star.

On November 25, 2014, the Defendant driven the above Oral Sea on the 22:09, and driven the six-lane in front of the 246 Western-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, along six-lanes from the direction of the Dongjak-gu to the direction of the ice and the parallel distance.

Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, while neglecting this, the victim C (the age of 37) was not found to left from the right side of the above crosswalk, according to the pedestrian's signals, and the above victim was received from the front part of the defendant's Obaba and got the above victim to go beyond the ground.

As a result, the Defendant suffered injury to the victim, such as the mouth of the body body in need of treatment for about six weeks on the left-hand side due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual condition of a traffic accident, on the site, and photographs of ozone layers;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances on which the reasons for sentencing are indicated below) [the scope of recommendation] general traffic accidents in the basic area (see, e.g., April to October) of the first category of traffic accidents (the decision of sentence] (the decision of sentence] traffic accidents involving pedestrians on the crosswalk due to signal violations and the degree of damage is heavy and minor. However, the degree of damage is not easy, but the defendant's mistake is recognized, the liability insurance policy is subscribed, and the circumstances leading to the instant crime, the circumstances after the commission of the crime, the defendant's age, the character and conduct environment

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