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(영문) 서울동부지방법원 2018.12.06 2018고단1168

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On October 12, 2017, the Defendant driven the upper vehicle at around 04:45 on October 12, 2017, and moved the 30-lane 51-gil 30, Jinnam-ro, Songpa-gu, Seoul, to the intersection of the Olympic Park from the dives room to the intersection of the Olympic Park, thereby driving the 6-lane 6-lane road at an aesthetic speed along the six-lane.

At night, there are crosswalks in which signals, etc. are installed, and thus, the driver had a duty of care to check whether there is any person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right and the right and the duty of care to drive under the new subparagraph.

Nevertheless, the defendant neglected this and found the victim D (the age 61) who cross the crosswalk from the left side to the right side in accordance with the pedestrian signals due to the negligence that the pedestrian signal, etc. of the crosswalk was driven by a green but the pedestrian signal, etc. was driven by the defendant. However, the defendant did not avoid it, but did not go beyond the victim's right side by taking the victim's right side side as the top-hand part of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as brain, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Investigation report (signal system);

1. A medical certificate;

1. Application of Acts and subordinate statutes to a medical certificate for victims and a written confirmation for release;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) the accident circumstance of this case; (b) the illegality of the defendant's negligence; (c) the agreement with the victim; (d) the subscription to a comprehensive insurance; (e) reflectivity;