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(영문) 서울남부지방법원 2017.07.13 2017고단1896
교통사고처리특례법위반(치상)
Text

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

However, the execution of a sentence 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 of a car in CAS test.

On February 23, 2017, the Defendant driven the above car at a speed of about 60 km in the speed of 20 km from the new distance to the high-speed distance of 10 km-ro 106, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul. On February 23, 2017, the Defendant driven the above car at a speed of about 10 km.

At the same time, the front side is a three-lane crossing, the vehicle left turn signal has been occupied, and the pedestrian signal has been occupied after the intersection, and in this case, the driver of the vehicle has a duty of care to prevent the accident in advance by complying with the intersection signal and accurately manipulating the steering direction and brake system of the vehicle and stopping the vehicle in front of the stop line.

Nevertheless, the Defendant neglected this and obstructeded in violation of the signal, and caused knenee part of the victim D (62) who was a knee of the crosswalk in accordance with the pedestrian signals to the right side of the running direction with the front part of the knee of the hurged vehicle by negligence passing through the intersection, and caused the victim to face the front part of the hurged vehicle and cut off on the road by moving it to the public.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the opening frame of the light frame, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each photograph;

1. Application of Acts and subordinate statutes (D);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of recommendations, general traffic accidents;

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