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(영문) 서울남부지방법원 2014.12.12 2014고단3621
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor 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 engaged in the operation of the CM3 car.

On July 12, 2014, the Defendant driven the above car at around 20:50, and made the front road of the 675 Southern District Office of Education at the National Assembly of Yeongdeungpo-gu, Seoul, to turn left at the left one way between the two lanes in the direction of the Yeongdeungpo-gu Police Station.

At all times, there is a left-hand turn sign, and there is a crosswalk where signal lights are installed on the front side, so there was a duty of care to safely drive a motor vehicle after checking whether there is a person who is engaged in driving the motor vehicle by complying with the left-hand turn prohibition instruction and by properly examining the front side and the left side.

Nevertheless, the defendant neglected to turn to the left as is, and followed by the green light such as Mad-in pedestrian signal, etc., the part of the victim D's right bridge, which opened the crosswalk to the right side from the left side of the direction of the defendant's proceeding, was shocked with the part of the front part of the car.

After all, the Defendant suffered approximately 12 weeks of the above occupational negligence from the victim’s abundance of the closed garment which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. A survey report (CCTV survey, etc.);

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] No person who has no basic area (4 to 10 months) of the first type of traffic accident (the injury caused by traffic accidents) [decision of sentence] [the defendant] made a left turn in violation of the direction of prohibition of left turn-hand turn-hand turn-hand turn-hand turn-hand turn-on, and the defendant shocked the victim who dried the crosswalk pursuant to the pedestrian signals and suffered 12 attention. The defendant's negligence and negligence.

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