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(영문) 서울남부지방법원 2013.12.19 2013고단3757
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a C industrial company located in Yangcheon-gu Seoul Metropolitan Government.

On August 16, 2013, at around 17:10 on August 16, 2013, the Defendant driving a motor vehicle owned by D, a customer, to cross the sidewalk while moving to the direction of the above industrial company from the direction of the pursuing elementary school.

When crossing a sidewalk, a person who is engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by temporarily stopping the sidewalk before crossing the sidewalk pursuant to Article 13 (2) of the Road Traffic Act and by crossing the sidewalk so as not to obstruct pedestrians' passage.

Nevertheless, the Defendant neglected this and did not find out the victim F (4 years of age) who was walking on the left side from the right side of the same line of magnb, without any temporary suspension, and suffered injury, such as 'breshing the boom of the galbbbbal boom, which requires approximately 8 weeks of treatment' to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on internal reporting (Attachment ofCCTV images);

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that a deposit is made for a victim, and the fact that only one fine has been punished once, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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