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(영문) 서울북부지방법원 2019.10.17 2019고단3410
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bus in the case of fishing between B and B.

At around 13:20 on July 19, 2019, the Defendant promoted a two-lane road in front of the C apartment in Seoul Special Metropolitan City, Nowon-gu, along the two-lanes in the direction of D Hospital from the surface of the French Ambassador.

At the same time, crosswalks are installed on the front side of the intersection with signal lights. In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim E (the 15-year old) who opened the crosswalk from the right side of the defendant's proceeding to the left side by the negligence of entering the yellow scam, in violation of the signal.

Ultimately, the Defendant suffered injury, such as injury to the victim’s cerebral cerebral dys, which requires approximately four weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The case where illegality in the area of increase (eight months to two years) in the first category of general traffic accidents (excluding those under special circumstances) (eight months to two years) (excluding those under special circumstances) in accordance with the proviso (excluding subparagraph 8) of Article 3 (2) of the Specialized School Act, or the case of climatic driving according to the sentencing guidelines; and

2. The sentenced defendant shall be sentenced to a maximum of four weeks, by his/her negligence, causing a traffic accident involving a victim who has dried a crosswalk pursuant to the pedestrian signals by violating signals and violating his/her duty to protect pedestrians in the crosswalks;

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