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(영문) 서울북부지방법원 2017.01.12 2016고단4394
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 a C-Character car.

On August 13:27, 2016, the Defendant driven the above car, and driven the front road D in Jung-gu Seoul Metropolitan Government by one-lane between the two-lanes of private houses in the front of the road in Jung-gu, Seoul and the two-lanes of the two-lanes.

At that time, the location was installed with three-dimensional signal, so in such a case, the person engaged in driving service has a duty of care to safely implement it in accordance with his name.

Nevertheless, the Defendant was negligent in driving immediately straightly, without disregarding the signal of the front-side red signal and received from the left-hand side of the direction of the course the front part of the victim F(44 years) driving the crosswalk, which was going to the right-hand side of the crosswalk and passed the crosswalk in accordance with the pedestrian signals, in front of the motor vehicle driven by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim H(15) who was accompanied by the Defendant’s motor engine device and bicycle of the said victim, for about four weeks of treatment, such as cutting off the right-hand elbow, etc., for approximately five weeks of treatment to the said victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. A written statement of the occurrence of an I traffic accident;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Social Services Criminal Act: The defendant's negligence of driving in violation of the signal and causing injury to the victims requiring approximately 4-5 weeks medical treatment, and circumstances favorable to the victims that do not reach an agreement: The defendant's act is against the defendant's recognition of the crime of this case.

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