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(영문) 서울남부지방법원 2013.08.28 2013고단2155
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 radar car.

On June 3, 2013, the Defendant driven the said car at around 09:00, and 3, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, driven the front of the road on the one Young-gu, Yeongdeungpo-gu, Seoul, along the three-lane distance from the front line to the Young-gu, Simpo City.

At all times, there are crosswalks where signal lights are installed, so there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected this and neglected to enter the crosswalk in contravention of the signal and received the right side part of the victim C(20 years old) who has dried the crosswalk in accordance with the signal of the pedestrian, from the front left side of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a screen of a black stuffe and a diagnostic letter to a regions;

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 concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (i.e., the first offender and the fact that he/she is covered by the comprehensive motor vehicle insurance);

1. Social service order under Article 62-2 of the Criminal Act;

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