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(영문) 서울동부지방법원 2013.08.08 2013고단1543
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 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 B Carren 2 car.

On April 3, 2013, the Defendant driven the above vehicle at around 03:00, while driving one lane from the two-lanes in front of the Stari-dong 661-30, Gwangjin-gu, Seoul, at the front of the Stari-dong 661-30, coming to turn to the left of the new real estate.

At the time, there was night, and there was a signal, etc. to cross-rout the yellow light signal, etc. at the front, so in such cases, the driver had a duty of care to check whether there was a person who gets on a crosswalk by reducing speed and checking well the right and the right and the right of the driver, and to safely drive the crosswalk.

Nevertheless, the defendant neglected to turn to the left due to negligence, and did not discover the victim C(32 years of age) who was crossing the crosswalk installed at the right-hand left-hand and left-hand-hand turn from the right-hand side of the front-hander of the defendant's vehicle, and did not discover the victim C(32 years of age) who was crossing the crosswalk installed at the right-hand side of the front-hander of the defendant's vehicle.

Ultimately, the Defendant suffered injury, such as the upper right flaver and the pulverization of flaver, which requires approximately 15 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on traffic accidents and a report on actual condition;

1. Statement to C by the police;

1. Investigation report (the front form of a victim before he/she gets up the crosswalk);

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The instant accident on the grounds of sentencing Article 62-2 of the Criminal Act is about the occurrence of an accident that the defendant violated his duty of care in the crosswalk.

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