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(영문) 서울동부지방법원 2014.02.13 2013고단3235
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in the duty of driving Csi.

At around 19:40 on November 12, 2013, the Defendant continued the front road of 318, Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, to the front section of the ecological park shooting distance.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and failed to find out the victim D (72 years old) who crosses the crosswalk from the right side of the Defendant’s proceeding to the left side according to the pedestrian signal when it was due to negligence while the vehicle progress signal was changed to the stop signal, and did not find the victim D (72 years old) who was crossing the crosswalk from the right side of the Defendant’s proceeding, and had the victim go beyond the road.

As a result, the Defendant suffered injury to the victim, such as a 10-day therapy and a ductating 5, which requires approximately 10 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes, such as a traffic accident report, black booms, video CDs, video pictures and field photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant is repenting his mistake in depth, the fact that he was admitted to the

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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