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(영문) 서울남부지방법원 2014.10.02 2014고단3004
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 one year 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 bicycle.

On June 24, 2014, at around 12:05, the Defendant driven a bicycle and driven a multi-way road of 405, as Geumcheon-gu Seoul Metropolitan Government, into four-lanes, excluding the bus exclusive lanes, from the surface of the city interest distance away from the model of the city interest distance.

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 there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle progress signals to yellow light, etc., which is a stop signal, and neglected to proceed as it is, the Defendant got the victim B (the 57 years old), who walked along the crosswalk from the right side of the bicycle driven by the Defendant, to the left side of the direction.

After all, the Defendant suffered injury to the victim B due to the above occupational negligence, such as damage to the outer side of the right slives, which requires approximately six weeks of medical treatment.

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) 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the case where the illegality of the defendant in the proviso of Article 3(2) of the Specialized School Act, which caused the operation of a bicycle in the basic area (in April to October) of the first category of traffic accident (special mitigation) (special mitigation) / In a case where the illegality of the proviso of Article 3(2) of the Special School Traffic Act is serious (in a case where the decision of sentencing is made] the defendant's construction of the crosswalk in violation of the signal, resulting in a relatively heavy injury to the victim, and thus, the defendant's occupational negligence

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