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(영문) 서울남부지방법원 2014.02.21 2014고단188
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

The defendant is a person who is engaged in driving a passenger car even in B.

On December 31, 2013, at around 12:10, the Defendant proceeded one way from the boundary of the Kimpo Airport to the fire distance of 567-4, Gangseo-gu Seoul, Seoul.

Since there are crosswalks where a vehicle and a pedestrian signal, etc. are installed on the front side, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who gets on a way to reduce the speed and to check the right and the right and the right of the road well and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and got off the part of the right edge of the victim C (the age of 18) who crosses the crosswalk from the left side to the right side in accordance with the Marin pedestrian signals due to the negligence of driving the vehicle even though it is a stop signal, and followed by the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as cutting the frame at the bottom of the right-hand edge, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the comprehensive motor vehicle insurance is subscribed and the agreement is reached smoothly with the victim);

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