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(영문) 서울북부지방법원 2012.12.27 2012고단2636
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D-Wood vehicle.

On September 3, 2012, the Defendant driven the above vehicle on September 16:53, 2012, and proceeded with the first way in front of the 676-72 Changdong-dong, Dobong-gu, Seoul, the Changdong High School.

At this point, there was a crosswalk where signal lights are installed on the front door, so in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, by reducing the speed and checking well the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the above crosswalk was placed on the right side of the victim E (10 years of age) who crosses the above crosswalk from the left side to the right side in accordance with the pedestrian signals, and the victim suffered injury, such as a decline down to the right side and mination of the non-fashion, which require about 16 weeks of treatment, by taking the front part of the defendant vehicle.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. A traffic accident report;

1. Each investigation report (field investigation, witness's statement, and investigation of personal assistance);

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. The relevant legal provisions on criminal facts and the grounds for sentencing under Article 3(1), the proviso of Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment [Application of Sentencing]: The scope of sentencing under Article 268 of the Criminal Act: Type 1 of general traffic accidents: The range of sentencing recommended for the injury of traffic accidents: The imprisonment without prison labor for August to one year (in the middle of a year) from one year and six months (in the middle of a year): Where illegality in the proviso of Article 3(2) of the Specialized School Act is serious (in the case of a cause falling under more than two proviso), the general person who is a person under special relationship, - the mitigated element: the purchase of comprehensive automobile

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