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(영문) 서울중앙지방법원 2013.04.05 2013고단805
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 5, 2012, at around 17:34, the Defendant: (a) driven an Ortoba, and proceeded with the third-lane 1153-16 of the Dongdaemun-gu Seoul, Dongdaemun-gu, the third-lane 1153-16, along the direction of the road, at a speed of about 30km in accordance with the three-lanes of the above road; (b) since the road has a signal apparatus installed in the front section of the road, the Defendant: (c) checked the front section and the left part of the road; and (d) even if the Defendant had a duty of care to safely drive the road pursuant to the new subparagraph, the Defendant neglected the operation of the road and caused the victim D (6 years old and female) who dried the crosswalk pursuant to the new subparagraph to the left side of the road by taking the front part of the road driven by the Defendant, and sustained the victim’s injury to the left side of the road by taking the front part of the road requiring treatment by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Entry of the actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of the recommended sentence on the sentencing guidelines / [type] the traffic crime group, general traffic accidents, injury (type 1) by traffic accidents (type 1): - Where illegality in the proviso to Article 3 (2) of the Special Education Act is serious - Where the mitigated element is serious: April of imprisonment without prison labor for not more than 4 months - 10 months (basic area);

2. The crime of this case by which the sentence of sentence is to be sentenced is to be committed by the defendant, in violation of the signal, causing the injury to the victim, and the degree of the negligence of the defendant and the degree of the injury of the victim.

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