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(영문) 서울북부지방법원 2016.01.19 2015고단3802
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On August 8, 2015, the Defendant driven the above vehicle at around 08:16, and led to two-lanes of the road in front of Dongdaemun-gu Seoul Metropolitan Government C, along the middle ditches intersection from the northwest intersection.

At the front of the road, there are crosswalks with signal apparatus, such as a type tri-dimensional color, so the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the traffic signals and prevent the accident in advance, and to ensure that the driver of the vehicle has a duty of care to reduce the speed and to ensure that the driver of the vehicle has a vehicle traveling along the intersection well.

Nevertheless, the Defendant neglected to stop the vehicle signal while driving on the crosswalk without stopping it in front of the crosswalk, and due to the negligence on the part of the Defendant’s bicycle side of the victim D (W, 35 years old) crossing the crosswalk from the right side of the vehicle driving direction to the left side of the crosswalk, received the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a 12-day colon’s plehion, which requires approximately 12 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement, a traffic accident situation statement and a petition;

1. The actual investigation report on traffic accidents;

1. A vehicle of the victim, a damaged bicycle photograph, a photograph of a black stuffe image, a photograph of the victim;

1. A medical certificate;

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

1. Although the place where an accident occurred under Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and Article 3(1)1 of the Act on Special Cases concerning the Selection of Punishment, is unclear, as long as the Defendant’s violation of signals directly caused the occurrence of a traffic accident, even if the place where the accident occurred deviates from the crosswalk, it does not interfere with the establishment of the crime of bodily injury resulting from the violation of signals (Supreme Court Decision 2009Do822, Jul. 28, 201).

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