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(영문) 서울중앙지방법원 2013.11.29 2013고단6821
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 10:10 on June 11, 2013, the Defendant operated a BS5 car and then found the third line road of the upper speed of the Central University Hospital located in Black-dong, Dongjak-gu, Seoul, Seoul at a speed of about 30km at a speed of about 30km per hour depending on the two-lanes of the said road at the front of the Central University. Since the road has a crosswalk installed in the front section of the said road, the driver of the road has a duty of care to check whether there is a person driving the crosswalk, and to safely drive the crosswalk, even if there was a duty of care to check whether there is a person driving the crosswalk at a speed and to reduce speed, and to check the right and the right and the right and the right and the right of the road, the Defendant did not neglect it and took a sudden action, but the Defendant did not avoid the accident and did so, the Defendant was under pressure on the left part of the passenger vehicle, thereby getting the victim under pressure over 20 minutes in the middle part of the main body of the week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Statement of the actual survey report;

1. Descriptions of a medical certificate;

1. Application of each video statute of motion picture picture;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

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

1. Scope of the recommended sentence according to the sentencing guidelines / [type] traffic crime group, general traffic accidents, injury by traffic accidents (type 1): Reduction element of punishment not exceeding 6 months (Scope of the recommended sentence] of imprisonment without prison labor;

2. Although the degree of injury of the victim in the decision of sentence is significant, the defendant shall agree with the victim.

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