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(영문) 서울서부지방법원 2017.05.25 2017고단727

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence 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 also a person who is engaged in driving a car.

Around 21:50 on December 10, 2016, the Defendant driven and driven the car from the right side to the south side of the Mapo-gu Seoul Mapo-gu Northwest-gu, Mapo-gu, Seoul, with a view to driving the said car.

The crosswalk is installed, and the safety signs for temporary suspension are marked in front of the crosswalk, and the highest speed was limited to 40 km/h in speed.

In such cases, a person engaged in driving service shall temporarily stop according to the safety marking of the surface, and when a pedestrian passes a crosswalk, he/she shall temporarily stop on the crosswalk stop line so as not to obstruct or endanger the crossing of the pedestrian, and he/she has a duty of care to ensure that he/she shall not drive rapidly more than the highest speed.

Nevertheless, the Defendant neglected to stop on the front of the crosswalk and proceeded with the speed of 76km/h speed above that of the speed of 76km per hour, thereby passing the crosswalk due to the negligence of driving the crosswalk, and received the right part of the bicycle driven by the victim D (W, 47 years old).

As a result, the Defendant caused the victim to suffer bodily injury, such as the upper half of the left-hand body in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report and a report on the occurrence of a traffic accident;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor [it is difficult to view that a pedestrian who is travelling along a crosswalk is a pedestrian because the victim was driving the bicycle, and therefore, was walking along the crosswalk;

As such, Article 27.