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(영문) 서울북부지방법원 2016.04.12 2016고단229
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car at C.

On November 25, 2015, at around 19:00, the Defendant proceeded with the crosswalk 434 in front of the Samyang-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul, at the 4.19-distance intersection from the 4.19-distance intersection to the intersection in front of the elementary intersection.

Since there is a crosswalk where a signal, etc. is installed, the defendant engaged in driving of the motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely according to the new code.

Nevertheless, the defendant neglected this and caused the victim D (55 ) who walked along the crosswalk from the right side of the proceeding to the left side of the crosswalk in violation of the red signals, taking the victim D (55 ) who walked along the crosswalk in accordance with the pedestrian signals from the front part of the driver's vehicle into the front part of the driver's vehicle and suffered approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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 criminal facts (Selection of imprisonment without prison labor);

1. Consideration, such as the scope of recommendations based on the sentencing guidelines for traffic crimes with reasons for sentencing under Article 62 (1) of the Criminal Act and the standards for suspension of execution, the taxi driving by the defendant is admitted to the taxi mutual aid association, the fact that the defendant separately deposited one million won for the victim, and that the defendant has a criminal record of a fine for the crime of dual offense committed several times;

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