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(영문) 서울서부지방법원 2016.04.05 2015고단2930
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 Oralba.

On September 18, 2015, the Defendant driven the above Obaon around 22:00, and proceeded in the direction of the opening of string in the direction of the string distance between four-lanes in front of Eunpyeong-gu Seoul Metropolitan Government D and four-lanes.

At the same time, there is a crosswalk in which signal lights are installed, so in such cases, the driver engaged in driving motor vehicles, etc. has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check well the front and left, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and followed up the front part of the bridge of the victim E (V, 14 years old) who dried the crosswalk in accordance with the Marsh mar by negligence in violation of the signal, and caused approximately 12 weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. Other closure photographs of each accident site;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] In the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents (from August to one year and six months) is serious (the person subject to special aggravated punishment] (the decision of sentence] Defendant 1 caused a traffic accident that shocks pedestrians on the crosswalk due to signal violation, and the victim's serious injury is not easy to commit such crime.

However, the fact that the defendant has no record of criminal punishment for the same crime, that the accident is covered by the comprehensive insurance, and that the defendant recognizes his mistake.

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