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(영문) 서울동부지방법원 2014.06.05 2014고단895
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

On March 12:10, 2014, the Defendant was a person engaging in driving a B B B B-S cruise car, and was driving the said car on March 31, 2014, and was moving to the intersection distance from the 52-lane of Gangdong-gu Seoul Metropolitan Government on a one-lane road to the intersection distance from the Olympic Park.

Since a crosswalk is installed on the front side, there was a duty of care to confirm whether a person engaged in driving service is a person standing the crosswalk by reducing the speed and by checking well the right and the right of the road, and to drive the crosswalk safely.

Nevertheless, the defendant neglected this and got the victim C (34 years of age) who cross the crosswalk from the right side of the proceeding to the left side by his negligence, which led the victim C (34 years of age) to go beyond the road.

Accordingly, the Defendant suffered approximately 12 weeks of medical treatment from the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. The application of Acts and subordinate statutes to photographs and investigative reports (CCTV images extraction report);

1. Article 3 (1), the proviso to Article 2, Article 2, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. 양형기준상 권고형의 범위 : 금고 4월 ∽ 10월 [교통범죄군, 일반 교통사고, 제1유형(교통사고 치상), 기본영역]

3. A sentence of imprisonment without prison labor shall be selected in light of the fact that the violation of the duty to protect pedestrians on the crosswalks to determine the sentence of punishment and that the illegality of such violation is not minor and that the result of an injury is significant, but the vehicle is covered by the comprehensive motor vehicle insurance and the defendant is not obliged to be punished twice by a fine for this type of crime.

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