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(영문) 의정부지방법원 2013.10.11 2013고단2535
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment 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 BM5 car.

On May 27, 2013, at around 18:50, the Defendant driven the said car under the influence of alcohol of 0.122%, and became to turn to the left at the entrance of the public market parking lot located in the Dongbcheon-si, the Defendant entered the front of the entrance of the said parking lot to the private elementary school at the entrance of the public market parking lot located in the Dongbcheon-si.

At the time, there was a rain and the location of the crosswalk where a signal, etc. is installed. Therefore, the driver of the motor vehicle had a duty of care to check whether there is a pedestrian who gets on the crosswalk by checking well the right and the right and the right of the driver of the motor vehicle and to drive the crosswalk.

Nevertheless, the Defendant neglected this and received the part of the left bridge part of the victim C (the 51-year old age) who dried the crosswalk on the red signal of the above crosswalk due to the negligence of entering the above crosswalk, and received the victim's left side part of the front-hand part of the driver's 14-day medical treatment for the above victim, and suffered the above victim's light-class executive members in need of approximately 14 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. A written statement of E and F preparation;

1. The actual survey report on traffic accidents;

1. On-site and vehicle photographs;

1. A report on detection of a host driver;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes to report on investigation (signal frequency, CCTV confirmation for crime prevention, investigator's opinion);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The victim's serious injury to the victim due to a traffic accident under Article 62 (1) of the suspended sentence under Article 62 (1) of the Criminal Act is disadvantageous, but there is no other criminal record except once a fine is imposed in 2006, and the victim's crossing signal to the crosswalk color.

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