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(영문) 서울중앙지방법원 2015.01.28 2014고단9551
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On November 13, 2014, at around 15:30, the Defendant proceeded along the three-lane road in front of Gangnam-gu Seoul Metropolitan Government, Seoul, along the two-lane distance from the next hospital shooting distance to the school-dynamic distance.

Since there is a place where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by checking the front, left, and signal well.

Nevertheless, the Defendant neglected this and got off the right side side part of the victim D (the age of 42) crossing the crosswalk in accordance with the same pedestrian signals when he was negligent by disregarding that the vehicle progress signal is a stop signal, and in contravention of the signal, he got out of the front part of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D's accident;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the fact that the person's mistake is against himself, that the person has been insured, that there has been an agreement with the victim, and that there has no record of punishment since 2004);

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