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(영문) 서울중앙지방법원 2020.08.10 2020고단1831

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 of a cargo vehicle B or 1.2 tons.

On February 8, 2020, the Defendant driven the above cargo vehicle around 18:45, and proceeded from the D apartment room to the E apartment room according to the front road in Gwanak-gu Seoul Special Metropolitan City, and came to turn to the left at about 15 km per hour at the entrance of the E apartment F-dong underground parking lot.

Since a crosswalk has been installed at each place, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed and checking the front door well, and checking whether there is a person to walk the crosswalk.

Nevertheless, the Defendant neglected this and proceeded along as it is, by negligence, brought the victim beyond the floor by shocking the left shoulder part of the victim G (ma, 78 years old) who walked the crosswalk from the right side of the road at the time to the left side, into the left side part of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. On-site photographs and on-site maps of traffic accidents;

1. Application of Acts and subordinate statutes to each internal investigation report (the details of acquisition, such as victim G telephone conversations and diagnosis report);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Punishment] : Transport crime from January to five years [Determination of Punishment] by imprisonment without prison labor ] Traffic crime, general traffic accident, Type 1 (Bodily Injury resulting from Traffic Accidents) [Special Convict], and punishment not for a person subject to comprehensive automobile insurance ] [General Convict], serious reflectiveness (Reduction element), and serious injury not serious injury.