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(영문) 서울북부지방법원 2017.05.11 2017고단974
교통사고처리특례법위반(치상)
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 the duty of driving a Grand Star Co., Ltd.

On December 21, 2016, the Defendant driven the above vehicle at around 18:30 on December 21, 2016, and proceeded straight along the two-lanes between the two-lanes of the front road in the Jung-gu Seoul Metropolitan Government as a drinking mountain basin in the middle river basin.

The location is where signal lights and crosswalks are installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by properly observing the signal and checking whether there is a pedestrian who has a crosswalk.

Nevertheless, the Defendant neglected to drive the balke while driving the balke, and reported that the balke signal, etc. is changed to the stop signal, but it did not stop, and the Defendant’s vehicle is proceeding to the crosswalk, thereby falling into the front part of the Defendant’s driving vehicle in front of the part of the victim D (40) where the balking the crosswalk pursuant to the pedestrian signals from the right side of the Defendant’s running direction to the left side of the crosswalk to the left side of the crosswalk.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as tear of half-yearly fladles on the left-hand shots, and shot fever, which require approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The criteria for sentencing the reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [type] The general traffic accident [the scope of recommendation] in violation of the type 1 of the traffic accident [the scope of punishment] basic area (the period from April to one year) basic area (the period from April to one year), causing pedestrians of crosswalks and thus, the defendant's negligence is serious and damage to the victim is not easy, there is no penalty exceeding the fine, and the comprehensive motor vehicle insurance is a comprehensive motor vehicle insurance.

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