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(영문) 서울동부지방법원 2017.12.13 2017고단3120
교통사고처리특례법위반(치상)
Text

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

However, the execution of punishment shall be suspended for a period of 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 C M& car.

On July 30, 2017, the Defendant proceeded at a speed of 5 lanes in front of the Gu D Building at the end of the front of the 2017 GH on July 12:35, 2017, along the direction of the private white distance from the right side at the end of the chill.

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, due to negligence, the Defendant neglected this and proceeded with the change of the vehicle driving signal to the stop signal, the Defendant took the bicycle of the victim E (79 years old) who was walking a bicycle in the direction of the left side of the road in the direction of the defendant's running side of the road, and took the bicycle of the victim E (79 years old) who passed the crosswalk in the direction of the defendant's driving side of the motor vehicle toward the road.

After all, the defendant suffered injury, such as the closure of the parts of spine L1, which require approximately 12 weeks of treatment by negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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