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(영문) 서울동부지방법원 2013.06.27 2013고단1069
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 engaged in driving of a car in the SP area B.

On March 22, 2013, at around 08:00, the Defendant proceeded with one lane of 364-15, e.g., the military automatic 364-15, Gwangjin-gu, Seoul at a e.g. e., the military air basin.

It is a place where a signal light and crosswalk are installed, so in such cases, the driver has the duty of care to see the right and the right and the right of the driver and to safely drive the driver in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal and received the victim C (75 years of age) who crosses the crosswalk on the pedestrian green signal with the right-hand part of the said car as it is.

As a result, the defendant suffered from occupational negligence the victim's right 8 weeks of treatment, i.e., pulverization in the laverg laverg.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Statement to C by the police;

1. Written statements of D;

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

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

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

1. The accident of this case on the ground of sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures is due to shock of the victim who dried the crosswalk according to the pedestrian signal while driving a motor vehicle in violation of the signal by the defendant, and the negligence is not negligible, and the degree of injury suffered by the victim of the accident of this case is relatively heavy, it is disadvantageous to the defendant.

On the other hand, the fact that a motor vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, and that the defendant has no record of punishment heavier than a fine is favorable to the defendant.

In these circumstances, the sentencing conditions such as the defendant's age, character and behavior are attached.

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