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(영문) 서울서부지방법원 2016.06.21 2016고단1151
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of a multi-usage cargo vehicle B.

On September 15, 2015, the Defendant driven the above cargo vehicle around 05:09 and proceeded at a speed of about 60km at a speed of 10km in the city, depending on the green translation of the two lanes, the red, which is in the unification of Seodaemun-gu Seoul, Seoul.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, without neglecting this, the victim C (62 h) who opened the road to the port from the right side of the defendant's running line at the point where about 15 meters have passed since the road was stopped by disregarding the change of the vehicle's moving signal to yellow signal and going beyond the stop line. The victim C (62 h) who opened the road to the right side of the freight vehicle of the defendant's driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as paralysis, etc. caused by the blood transfusion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on internal investigation (verification of CCTV at the scene of an accident);

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1)(Article 62)(Article 62(1)(Article 62(3)(Article 6 of the Criminal Act)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1))(Article 62(1)(Article 62(1))(Article 6

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