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(영문) 서울북부지방법원 2017.03.23 2016고단5524
교통사고처리특례법위반(치상)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On October 6, 2016, the Defendant driven the above taxi on October 6, 2016, and made the turn to the left at a speed that is impossible to see one lane in the direction of the long distance in the front of the service distance from the direction of the dispatch distance.

At the time, the night and the right and the right and the right and the driver's duty of care to safely drive the vehicle in accordance with the new subparagraph was found, because there was a crosswalk at which signal, etc. is installed in the front side and the right and right and right and the driver's duty of care is required to reduce the speed and to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care

Nevertheless, the defendant neglected this and caused the left-hand turn of the vehicle stop to go beyond the ground by taking the left-hand side part of the victim C(62) who cross the crosswalk from the right-hand side of the crosswalk to the left-hand side in accordance with the pedestrian signals.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand pelle and the pelpelle of abandonment, etc. which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a traffic accident situation report, and a medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (booms analysis);

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant violated the signal at the intersection and inflicted an serious injury on the victim crossing the crosswalk pursuant to the pedestrian signals, and in light of the circumstances surrounding the occurrence of the instant accident, it appears that the instant accident was caused by the defendant's gross negligence.

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