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(영문) 서울중앙지방법원 2014.04.25 2014고단635
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 DNA car.

At around 14:00 on November 22, 2013, the Defendant proceeded two lanes from five lanes in the middle-gu, Seoul, YTN, to the direction of the Seoul Station.

Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who has a way to walk well and to drive safely according to the new code.

Nevertheless, due to the negligence of disregarding and proceeding the vehicle driving signal even though it was a stop signal, the Defendant, as part of the left-hand side of the front-hand part of the above vehicle, shocked the right-hand side of the victim E (the age of 25) crossinged according to the crosswalk green signal, continued to show the part of the taxi back-hand part of the victim F(the age of 73) who was parked on the five-lane, sustained the injury of the f.m., requiring approximately 12 weeks of medical treatment to E, and sustained the f.m., which requires approximately 3-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A written statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a credit cooperative;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Special Sentencing] The reason for sentencing under Article 62(1) of the Criminal Act [Special Sentencing], the reason for the aggravation of punishment (excluding mitigation of punishment), the gravity of illegality (basic area) from April to October (basic area) [the scope of recommending punishment] - The main reason for the suspended sentence - The reason for the suspended sentence is serious (unlawful), the reason for the suspended sentence - The reason for the suspended sentence is serious (unlawful), the reason for the suspended sentence, and the reason for the suspended sentence - The reason for the suspended sentence is clear of social relation, serious reflect (affirmative) [decision of the sentenced sentence] / The person who has been sentenced to the suspended sentence for one year other than the above one.

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