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(영문) 서울동부지방법원 2018.12.20 2018고단2808
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 Maz vehicles B.

On August 3, 2018, the Defendant driven the above vehicle around 13:10 on August 3, 2018, and continued to proceed to the direction of the village located in the direction of the so-called women high school according to one lane in front of Gangdong-gu Seoul Metropolitan Government.

Since a crosswalk has a signal apparatus installed at the front of that place, the driver of the vehicle has the duty of care to safely drive the crosswalk in accordance with the traffic signals while checking whether there is a person who gets on the crosswalk by reducing speed and by checking well the right and the right of the driver of the vehicle.

Nevertheless, due to the negligence that the Defendant neglected this, even though the signal signal to the front intersection was a yellow signal, the front part of the foregoing vehicle was driven by the Defendant, as well as the bicycle of the victim D (V, 41 years old) who was towing the bicycle in accordance with the pedestrian signals and was able to get the bicycle of the victim D (V, 41 years old) who was towing the crosswalk in accordance with the pedestrian signals, and the victim E (V, 7 years old, 60 years old) who dried the crosswalk from that side, and the victim F (60 years old) went beyond this chain.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E, approximately two weeks of elbow blus, etc., the injury to the flusium and proposal, etc. requiring approximately two weeks of treatment to the victim D, and on the part of the victim F, approximately six weeks of the left flusium flusium, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances and records are shown in the reasons for sentencing Article 62-2 of the Criminal Code of the community service order.

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