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(영문) 서울남부지방법원 2013.12.13 2013고단3650
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 string three cargo vehicles.

On June 13, 2013, the Defendant driven the above cargo vehicle at around 13:10, and made the left turn to the left in accordance with the one-lane from the 340-7 blind distance of Gangseo-gu Seoul Metropolitan Government Seolcheon-dong to the Kadsan-ro.

Since a crosswalk is installed on the front side of that place, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the front side and the left side well and to turn to the left safely.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 49) who was crossing the crosswalk from the left side to the right side by failing to care well to turn left and left, and did not get the victim to go beyond the victim by taking part of the victim's chest on the left side of the above cargo vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral rupe in detail, in which there is no two or more open situations in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that it is white and reflective, the fact that it has subscribed to the comprehensive automobile insurance and has agreed with the victim);

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