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(영문) 서울북부지방법원 2015.12.10 2015고단3486
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 driving a B rocketing car owned by Garenk, Inc.

On September 10, 2015, the Defendant driven the above car around 00:14, and driven the three-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along two-lanes in the direction of the shooting gate in the direction of the shooting gate.

Since the place has a crosswalk where a signal, etc. is installed, the defendant engaged in driving service was found to have a duty of care to check whether there is a person who gets on the way to reduce speed and to check the right and the right and the right and the right and the right are well and to drive safely according to the new subparagraph.

Nevertheless, the defendant neglected this and found the victim D (the age of 54) who crosses the right side from the left side of the crosswalk using the crosswalk in accordance with the pedestrian signals due to the negligence of driving the stop signal in violation of the signal, and caused the victim to go beyond the floor. However, it did not reach the above rocketing car's top part, which was the front part of the above rocketing car, and caused the victim to go beyond the floor.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the revolving revolving ruptures, which require approximately ten weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of a traffic accident in E or D;

1. Requests for appraisal;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident-related 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 concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of recommendations on the sentencing criteria [the range of recommendations] shall be the area of increase in the first category of general traffic accidents (the injury caused by traffic accidents) (the safe between August and June).

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