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(영문) 서울중앙지방법원 2016.11.16 2016고단4845
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2016, the Defendant driven a B car at around 06:59, and driven a two-lane road in front of Seoul Jung-gu Seoul, Jung-gu, Seoul, along the Cheongdo 8 side from the Cheongdo 6rd side, along one-lane.

At that place, there is an intersection where signal lights are installed.

In such cases, the defendant who drives a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and keeping the front door well, and to prevent the accident by safely driving according to the traffic signal in advance.

Nevertheless, the Defendant neglected this and caused the collision of the front part of the E-wheeled Vehicle driven by the victim D(32 years old) driving the said intersection from the left side of the progress of the Defendant’s vehicle to the right side in accordance with the progress signals while the signal is changed to the stop signal.

As a result, the defendant suffered injury, such as cutting the body to the right side, which requires about 16 weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Photographs and on-site photographs of the vehicle;

1. Accident video CDs;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing (Scope of Recommendation) No basic area (four to one year) (special person) of the first category of general traffic accidents;

2. The Defendant, who determined the sentence, did not stop a report to change the signal at the intersection to yellow, but rather tried to pass through the intersection by raising the speed, resulting in a traffic accident in violation of the signal.

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