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(영문) 서울북부지방법원 2012.11.08 2012고단2347
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 engaging in driving a rocketing car.

On August 23, 2012, at around 18:01, the Defendant proceeded at a speed of about 60km along the long-distance distance from the visual road at about 30-14, Jung-gu, Seoul, Jung-gu, Seoul, about a speed of 30km, along one lane.

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, due to the negligence of proceeding at the same speed as the vehicle stop signal while neglecting this, the victim C (51 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals was found to be late, and operated rapidly, but did not avoid this, and did not get the victim to go beyond the front of the defendant's vehicle.

As a result, the Defendant suffered injury, such as an injury to the victim, by occupational negligence, during about 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act after a suspended execution; and

1. Basic area of the injury resulting from a traffic accident of the first type of general traffic accident among the sentencing guidelines for traffic crimes (where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious among the persons who are specially punished and where there exist no penalty as mitigated factors as mitigated factors): April - October; and

2. Although the defendant's negligence is large and the victim's damage is large, there is no criminal power against the defendant.

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