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(영문) 서울중앙지방법원 2013.09.27 2013고단1120
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 CNEW franchise and XG car.

On January 9, 2013, the Defendant driven the above car at around 14:40 on January 14, 2013, and led to the speed of 5 lanes in front of the seriousness building in Seocho-gu Seoul, Seocho-gu, Seocho-gu, 1554-1, to proceed to the speed of about 20 km from the right edge to the alternate base of the Seocho-gu, Seoul.

The location has a signal apparatus installed on the front door, so in such a case, the driver had a duty of care to safely proceed with the accident and prevent the accident from occurring.

Nevertheless, due to the negligence of neglecting this, the Defendant: (a) led the victim E (the 52-year-old) who has loaded the DCA110 motor vehicle bicycle on the right-hand side of the driving direction with the pedestrian crosswalk; (b) led the victim E (the 52-year-old) to go beyond the left-hand side of the front-hander of the car; and (c) went beyond the above motorcycle; and (d) caused the collision with the passenger car volume and the left-hand side of the passenger car driven by the F which was parked in the signal line from the first-lane to the signal line, and

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as a felring, etc., for about 14 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, F, and E;

1. Partial statement of the police interrogation protocol of the accused;

1. F’s statement on the occurrence of traffic accidents;

1. Photographs related to traffic accidents;

1. A traffic accident occurrence report;

1. Standard signal database;

1. A copy of medical records; and

1. Since the Defendant alleged that he did not commit any negligence in violation of the signal, the following circumstances acknowledged by each of the above evidence, namely, ① the victim conflicts with the Defendant’s vehicle driving on the crosswalk by driving the pedestrian signal on the crosswalk, and ② the instant case.

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