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(영문) 의정부지방법원 2013.10.11 2013고단2210
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

The defendant is a person who is engaged in driving a Patom car.

On June 3, 2013, the defendant driving the above car around 08:40 on June 3, 2013, and led to the turn to the left of the intersection of the welfare ginseng street in the Pasan-Eup Welfare Department at Yangju-si at Yangju-si.

At the same time, the signal lights and crosswalks are installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to check well the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim C (here, 47 years old) crossing the crosswalk from the right side of the moving side to the left side in accordance with pedestrian signals by neglecting the fact that the traffic signal of the signal, etc. is changed to the stop signal, which is left left as is, then the defendant was found late to avoid this, but he did not stop, and got the victim to go beyond the floor by receiving the victim from the front part of the car of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the side rupture in the left-hand slot part, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on traffic accident (report on actual condition of traffic accident, 1, 2);

1. Blue cinematographic photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. In light of Article 62(1) of the Criminal Act of the suspended sentence, there is a previous case where the imprisonment without prison labor of one year is sentenced to a suspended sentence of two years due to traffic accidents in around 1995, and in violation of the signal, a pedestrian crossinging the crosswalk was seriously injured, and the victim was covered by a comprehensive motor vehicle insurance and agreed with the victim.

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