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(영문) 서울중앙지방법원 2017.06.09 2017고단1652
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is engaged in the business of driving the Lone Star Cargo in Ireland.

On November 23, 2016, the Defendant driven the above vehicle at around 20:28, and driven the five-lanes of the front direction E, which are in D, from the private street slope to the 5-lane off, the Defendant driven the two-lanes of the above road at a speed of about 30km depending on the speed of the road.

Since there is a crosswalk on which signal lights are installed at the front of that place, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle according to the traffic signals.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant continued to proceed at the same speed in violation of the signal, and there was a conflict between the right side of the victim F(42) who was driving on the crosswalk in accordance with the pedestrian green signals on the left side of the crosswalk, with the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as cutting the body body body of the 14 weeks, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant and a written statement concerning the preparation of the defendant;

1. A statement of the occurrence of a traffic accident prepared by the F;

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

1. Signals, internal investigation reports (whetherCCTV search and signal have been violated);

1. Application of Acts and subordinate statutes to the F;

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

1. Selection of a sentence of imprisonment without prison labor (to punish the defendant as imprisonment without prison labor in consideration of the gravity of the defendant's breach of duty of care and the circumstances of the victim's injury);

1. Suspension of execution;

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