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(영문) 서울동부지방법원 2017.06.15 2016고단4271
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2016, the Defendant driven a Ck5-lane on September 17, 2016, which is owned by Sam Youngdong Co., Ltd., and proceeded at a speed of about 50 km per hour at a speed of about 10 km in front of a non-school middle school located in 120 roads of Seongdong-gu Seoul Metropolitan City, Seongdong-gu, Seoul.

당시는 새벽녘이고 그곳은 신호등이 설치된 횡단보도가 있는 곳이므로, 자동차의 운전업무에 종사하는 사람으로서는 속도를 줄이고 전방 및 좌우를 잘 살펴 길을 건너는 사람이 있는지 확인하고 신호에 따라 안전하게 운전하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected this and neglected to violate and proceed with the signal, and caused the victim D (60 cc, n.e., the 60 cc.) who dried the crosswalk to the right side from the left side of the running direction of the Defendant vehicle in accordance with the pedestrian signals to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as the right-side bed, which requires approximately 13 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A medical certificate (round 9);

1. Application of Acts and subordinate statutes on the scam of collision;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)) of the Criminal Act (Article 62(1)(Article 15(1)(Article 62(1))(Article 62(1)(Article 62(1))(Article 62(b)(Article 15(1)(Article 15(1))(Article 62(1))(Article 62(1))(Article 62(1)(Article 62(1))(Article 1

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