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(영문) 서울중앙지방법원 2014.07.16 2014고단2705
교통사고처리특례법위반
Text

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

except that 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 operation of the Eenz C63 AMG car.

On December 13, 2013, the Defendant driven the above car on a 00:34 December 13, 2013, and proceeded five lanes in front of 238, Gangnam-gu, Seoul, Gangnam-gu, Seoul, and became an intersection, leading to the direction of the driving distance of the Korea Customs Service from the edge of the Gyeongwon apartment.

Since there is an intersection where a pedestrian signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to see the road well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim F (the age of 46) to the left-hand side of the crosswalk by moving the crosswalk from the right-hand side in accordance with the pedestrian signals, and had the victim go beyond the ground by obtaining the victim's bridge from the front side of the defendant's car.

In this regard, the Defendant suffered injury such as 12 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Of the type 1 (Bodily Injury resulting from Traffic Accidents) of general traffic accidents, the mitigated area (one to six months) [Special Mitigation] [Pronouncement Decision] of the mitigated area] of a general traffic accident (the imprisonment without prison labor for not less than two years, and the victim did not want to be punished. However, this case is a crosswalk accident, which has a record of being sentenced to a fine for the same kind of crime in around 201.

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