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(영문) 서울중앙지방법원 2016.06.15 2016고단2178
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a person who is engaged in driving of a car in the Bland.

On January 20, 2016, the Defendant driven the above car at around 18:00, while proceeding one lane of the two-way intersection of the Central University, which is located in 24-1, Dongjak-gu, Seoul, Seoul, with the intersection of the Central University, from the boundary of the e-mail pharmacy to the boundary of the central hospital. The Defendant moved to the right bypass of Samsung A-U.S. apartment bank.

At the same time, a crosswalk where signal lights are installed is installed. In such a case, when a person engaged in the driving of a motor vehicle gets to reduce the speed of the motor vehicle and properly look at the right and the right and the right of the motor vehicle, and pedestrians pass the crosswalk, there was a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, and to prevent the accident from spreading.

Nevertheless, the defendant neglected to perform the above duty of care and went through as it is, while green pedestrian signals, etc. turn on, the part of the victim C (W, 31 years old) who walked the above crosswalk to the right side of the above crosswalk from the left side of the car driving direction, was taken into the front part of the above vehicle, and continued to go beyond the part of the victim's right side bridge which has been used as the front side of the above vehicle.

As a result, the defendant suffered injury to the victim, such as the right-hand alley and the pelpellley, which require approximately 14 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. One kind of general traffic accident (the scope of recommended punishment).

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