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(영문) 서울중앙지방법원 2014.04.16 2014고단475
교통사고처리특례법위반
Text

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

except that 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 vehicle B with B EW.

On November 3, 2013, the Defendant driven the above vehicle at around 14:47, while driving the vehicle, and driving the front lane of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan City 939-1 Siionion intersection at a non-speed speed depending on the one-lane between the four-lane 4-lanes as the internal air disease control area from this waterside.

At the same time, there are crosswalks where signal lights are installed, so in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the signals such as the above signal.

Nevertheless, the Defendant neglected this and neglected to change the above signal to a stop signal, but the Defendant continued to proceed in violation of the above signal, and turned off the above signal to the left side in the direction of the defendant's right-hand side of the road, and the victim C (the age of 49) who driven on the crosswalk driving on the crosswalk, took the side part of the front part of the above vehicle.

Thus, due to the above occupational negligence, the Defendant suffered injury to the victim, such as cutting the body at the bottom of the left-hand pelke, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on accident screen booms and video CDs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall take into consideration the following circumstances: (a) there is no past record of punishment exceeding a fine, (b) comprehensive insurance, and (c) there is an agreement with the victim;

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