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(영문) 서울북부지방법원 2016.02.04 2015고단4203
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On October 29, 2015, the Defendant driven the above taxi around 05:20 on October 29, 2015, and driven the three-lane road in front of the 200 Cheongsan Station in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along one-lane from the Cheongsan Seaside to the west of the Cheongsan Doo-do.

On the one hand, there was a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has a right to reduce the speed for the person engaged in driving the motor vehicle, and whether a person has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, due to the negligence that the defendant neglected to stop the vehicle signal while proceeding, the defendant received the part of the bridge of the victim D (62 3) which was dried on the right side from the left side of the crosswalk in accordance with the pedestrian signals, and got the front part of the defendant's cab to go beyond the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately eight weeks of medical treatment to the right-hand end of the abandonment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Each statement of E and D;

1. A medical certificate;

1. The actual investigation report on traffic accidents;

1. Blue images of black stuffs;

1. Reports on internal investigation and investigation;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim Eline);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to October of imprisonment without prison labor) (the person with special sentencing) of the first type of traffic accident (the person with special sentencing).

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