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(영문) 의정부지방법원 고양지원 2013.11.28 2013고단1715
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2013, around 20:0, the Defendant driven a five-lane 5-lane in front of the Hoam World Cup stadium in Mapo-gu Seoul, Mapo-gu, 534-12, and proceeded at the speed of Si/Gun according to three lanes from the side of the agricultural and fishery products market to the World Cup stadium.

At the time, the signal was installed at night, and at all times, so the person engaged in driving service has a duty of care to drive safely in accordance with good faith and good faith.

Nevertheless, the Defendant neglected this and proceeded as it was by negligence without disregarding the signal in the right direction, and the Defendant got the victim C (57 years old) who was crossing the bicycle to the port from the right side of the Defendant’s moving to the front side of the Defendant’s car.

As a result, the Defendant suffered from the above occupational negligence that requires approximately 12 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. On-site photographs and motion picture campaigns;

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

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

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. In light of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.; (b) the Defendant was injured by the victim due to the instant accident; and (c) the Defendant violated and proceeded with the signal and caused a traffic accident on the crosswalk; and (d) the Defendant’s responsibility is not easy, but the Defendant did not have criminal records; and (c) the Defendant is against the time of committing the crime.

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