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(영문) 서울남부지방법원 2016.04.21 2016고단86
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On December 8, 2015, the Defendant driven the above car at around 21:00, and moved bypass the south-lane of 3 lanes in front of Guro-gu Seoul Metropolitan Government, along the three-lane from the side of the Seo-gu Truck Terminal to the border.

At this point, the right-hand is prohibited zone, and the crosswalk is installed on the right-hand side, so it is necessary to not make a right-hand to the person engaged in driving service, and there was a duty of care to check whether there is a person who gets on a crosswalk to reduce speed and to see well the right-hand side and right-hand side and to drive safely.

Nevertheless, the defendant neglected this and neglected by his negligence and received the victim D (76) who was a pedestrian crossing from the right side of the defendant's proceeding to the left side in accordance with the pedestrian signals, as the front wheels of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure of a non-alley body body, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the report of traffic accidents, the report of internal accidents, the report of internal accidents, and the report of investigation (the CCTV images of wooden vehicles);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. The illegality of Article 62(1) of the Act on the Suspension of Execution, Article 60(3) of the Juvenile Act, as the Defendant’s reason for sentencing of Article 62(1) of the same Act, Article 60(3) of the Juvenile Act, is that the Defendant’s liability for a crime is not less severe than that of the Defendant on the ground that the Defendant, while bypassing the zone in which the right

However, the defendant's automobile is covered by comprehensive insurance, and since 1999, there is no penalty in addition to a fine of KRW 500,000.

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