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(영문) 서울중앙지방법원 2017.11.16 2017고단6297
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On August 2, 2017, the Defendant, who is engaged in the operation of village buses B, was driving the above vehicle around 15:10 on August 2, 2017, and proceeded at a speed below speed in the speed of the city between the two-lanes in the direction of the national salary tunnel in the vicinity of the wing-gu Seoul Special Metropolitan City.

Since there is a crosswalk on which signal lights are installed at the front of that place, in such a case, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a road to reduce the speed and to see well the front door, and have a duty of care to prevent accidents in advance by driving the motor vehicle with due care for the safety of children according to traffic signals.

Nevertheless, the defendant neglected this and neglected to turn to the left, but caused the body of the victim D (the 12 years old and the 9 years old) and E (the 9 years old and the 9 years old) crossing from the right side of the above crosswalk to the left side in accordance with the crossing signals of the above crosswalk due to a sudden negligence in violation of the signal.

As a result, the defendant suffered from occupational negligence the injury to the victim D on the left-hand framework in need of approximately four weeks of medical treatment, and the injury to the victim E on the scarfy of a chest boom that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident under D or E;

1. Application of Acts and subordinate statutes, such as a traffic accident investigation report, black stay images, signal cycle table, and medical certificate;

1. Article 3 (1), Article 3 (2) 1, and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The scope of recommended punishment [the scope of recommended punishment] on the grounds of sentencing guidelines in Article 62-2 of the Criminal Act of the community service order is among the categories of traffic accidents (eight to two years) in the aggravated area (eight to two years) (excluding the special aggravated area) [the proviso of Article 3(2)(8) of the Special Cases of the Social Service Order Act].

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