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(영문) 서울북부지방법원 2013.10.01 2013고단1684
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaged in driving a low-est car.

On June 5, 2013, the Defendant driven the above vehicle at around 13:10 on June 5, 2013, and proceeded two lanes in front of the Dobong-gu Seoul Metropolitan Government Dobong-gu 363 Dobong-dong with the Dobong-gu 363 Dobong-dong as the Dobong-gu Dobong-dong.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the above crosswalk, followed the victim C (the age of 63) who crossed the above crosswalk from the right side to the left side in accordance with the pedestrian signals, and took the front side of the defendant's vehicle into the front side of the victim C (the age of 63) who was crossinged the above crosswalk, and suffered injury, such as the right sprinking volume and the aggregate, etc.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and the proviso to Article 3 (2) of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Special Cases concerning Selection of Punishment;

1. In light of the circumstances and results of the crime committed in the judgment of the reasons for sentencing under Article 62(1) of the Criminal Act, all of the sentencing factors indicated in the instant pleadings, including the circumstances before and after the crime, the defendant's age and environment, etc., but, in particular, the defendant has no criminal power, and the defendant has agreed with the victim smoothly, the sentence shall be determined as ordered in

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