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(영문) 서울중앙지방법원 2015.01.14 2014고단8489
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 ASEAN car.

around 13:40 on October 6, 2014, the Defendant moved back from the surface of the road to the surface of the building in order to park the said car on the one-lane road in front of the Gangnam-gu Seoul Metropolitan Government C building.

In order for the defendant to park in the parking lot of the above building, the sidewalk should be crossing and the place where there is frequent traffic of people. In such a case, the driver of the motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk, to prevent the passage of pedestrians, and to prevent the accident in advance.

Nevertheless, the defendant neglected to do so and neglected it and followed the left part of the victim D (the 33 years old) who passed the right direction from the left side of the said vehicle to the left side of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as the left-hand satisfy, alley satfy, and a guard-combined injury, which require approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 9 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 a crime;

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] General Traffic Accidents in Type 1 (Death resulting from Traffic Accidents) [Determination of Sentence 1] There is no person who has a special sentence] [Determination of sentence] [Judgment of sentence] in August of imprisonment without prison labor, there is a history of being sentenced to a fine once due to the same kind of crime, and no agreement has been reached, and it is difficult to deal with the insurance of the harmful vehicle.

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