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(영문) 서울북부지방법원 2015.11.26 2015고단3287
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving for construction B.

Around 08:00 on April 3, 2015, the Defendant driven the above-mentioned vehicle, which led to the front road of Dobong-gu Seoul Metropolitan Government C, to the Dowing-gu Dowing-gu as the Dowing-gu Dowing-gu Dowing-gu.

Since there are crosswalks in which yellow on-and-off signal is installed, there was a duty of care to safely operate the crosswalks by reducing the speed and putting the front door to the driver.

Nevertheless, the defendant neglected this and went beyond the road by shocking the victim D (the 60-year-old age) to the right side from the left side of the proceeding direction due to the negligence of the defendant's neglect.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as cutting off in the left-hand flag abandonment, which requires treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Investigation report (the driver's statement or witness's speech and behavior);

1. A medical certificate;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Act on Special Cases Concerning the Settlement of Traffic Accidents”) is the mitigated area of general traffic accidents (type 1 to 6 months) [Special Mitigation] [including serious efforts to recover damage] / Decision on the suspended sentence] / In this case, the victim’s injury is also serious due to an accident in the crosswalk, and the defendant has a record of being punished for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), and the defendant’s fault is recognized and against his liability insurance.

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