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(영문) 서울중앙지방법원 2018.08.24 2018고단1459
교통사고처리특례법위반(치상)
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 service of CCA110V.

On December 13, 2017, the Defendant driven the above Obaon on the 18:10 on December 13, 2017, and driven the front of the point, which is the station of the National Bank in Gangnam-gu, Gangnam-gu, Seoul, 318, along with the direction from the intersection to the intersection.

At the time, the pedestrian signal of the crosswalk was red signal, the vehicle was green signal, and the pedestrian sidewalk was installed separated from the bus-only lane at the center of the road. In such a case, the driver has a duty of care to safely drive the vehicle without breaking the center line according to the vehicle's signals.

그럼에도 불구하고 피고인은 이를 게을리 한 채 적색 신호가 켜진 횡단보도를 따라 오토바이를 운전하여 그대로 중앙선을 침범한 과실로 오토바이 전면 부로 뱅뱅 사거리 쪽에서 우성아파트 사거리 쪽으로 진행하는 피해자 D(33 세) 이 운전하는 E GT250 오토바이의 측면 부를 들이받아 GT250 오토바이를 넘어지게 하였다.

Ultimately, the Defendant suffered by negligence in the course of performing the above duties the injury of the victim, such as having an open room within the lectures requiring eight weeks of medical treatment, and any other damage of the warden who is unknown.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement on the occurrence of D traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of confession, deposit, record of crime, etc.);

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