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(영문) 서울남부지방법원 2017.03.09 2016고단6005
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year 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 BM5 car.

On November 24, 2016, the Defendant driven the above car at around 16:00, and changed the lane to one lane on the side of the apartment complex, where it is easy for the Defendant to use the road of 101 lanes in front of the 101st parallel in front of the 101st parallel is located in Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul.

Since there is a pedestrian crossing where signal lights are installed, there was a duty of care for a person engaged in driving of a motor vehicle to pay attention to the pedestrian signal and the movement of pedestrians and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim C (11) who was a pedestrian's crosswalk pursuant to the pedestrian safety due to the negligence of bypassing it without permission, and had the victim C (11) go beyond the road by shocking the victim with the right side side of the defendant's car.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as cutting down the upper right to the right-side pelvis, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition, photographs of the vehicle under way, photograph of the fluor, and caps of booms;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Normal circumstances that are more favorable than 0 favorable to the reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution: the victim has agreed smoothly with the victim, and the automobile comprehensive insurance has been subscribed.

In addition to a fine, there is no previous conviction.

0 Unfavorable circumstances: The defendant's negligence is serious and the degree of injury is serious as the defendant has injured children crossing the crosswalk by violating signal signals.

0. Other circumstances, such as the background of the accident, degree of damage, and circumstances after the crime.

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