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(영문) 서울남부지방법원 2015.09.24 2015고단3017
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

On May 20, 2015, the Defendant driven the above car at around 15:00, and driven the two-lane road in front of Yangcheon-gu Seoul Metropolitan Government along the two-lane road from the side of the glickner apartment.

It is an area where a commercial building is concentrated, and a crosswalk without signal lights is installed in the front door. In such a case, if a person engaged in driving a motor vehicle drives a motor vehicle gets to reduce speed, well see the front door, and pedestrians walk the crosswalk, he/she has the duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, check the safety of pedestrians, and prevent accidents in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant received the victim D (70 years old) who cross the crosswalk from the left side to the right side of the crosswalk as the front side of the car operated by the Defendant.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to occupational negligence as seen above, focusing on the victim’s brain cerebral injury.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report (1) (2)- (2) and a report on the occurrence of a traffic accident;

1. Statement on the occurrence of a traffic accident;

1. Photographs related to traffic accident;

1. Application of Acts and subordinate statutes to medical certificates for preparation of doctor;

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 According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] is the case where the area of aggravation (eight to one month and one year and six months) (the person in a special relationship] of the area of aggravation (one type) of traffic accident (one type) (the decision on the suspended sentence] (the decision on the suspended sentence) causes the accident on the crosswalk, and causes the serious injury to the victim, and the responsibility for the crime is heavy;

(b).

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