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(영문) 서울동부지방법원 2014.05.08 2014고단298
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On December 23, 2013, the Defendant, who is engaged in driving a car in the SP area, was driving the said car at a speed of about 40 km per hour from the Hanyangdong Center to the nearest route of about 19-99 degrees in Seongdong-gu Seoul Metropolitan City by driving the said car at around 10:20 on December 23, 2013.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant neglected this and did not discover the victim D (20 years of age) who cross the crosswalk from the right side of the crosswalk to the left side by neglecting the fact that the vehicle progress signal is changed to the stop signal, and did not discover the victim D (20 years of age) who cross the crosswalk from the right side of the crosswalk, and caused the victim to go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as multiple fellings, which require approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, reports on the occurrence of traffic accidents, and photographs of accident site;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) and Article 3 (7) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Act concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. 양형기준상 권고형의 범위 : 금고 8월 ∽ 1년 6월 [교통범죄군, 일반 교통사고, 제1유형(교통사고 치상), 가중영역(교특법 제3조 제2항 단서 중 위법성이 중한 경우)]

3. The injured party who renders a decision on the sentence of sentence has violated the vehicle stop signal and the crosswalks along the pedestrian signals shall wear the crosswalk;

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