beta
(영문) 청주지방법원 2018.07.27 2017고단2096

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a BM7 car.

On August 5, 2017, the Defendant driven the above vehicle on August 18:15, 2017, and proceeded with the front road of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul at the seat of the Integrity Training Institute.

Since there is a place where a crosswalk without signal, etc. is installed, in such a case, there was a duty of care to protect pedestrians by putting a person engaged in driving of a motor vehicle on front and right-hand side and temporarily stopping a crosswalk before entering the crosswalk.

Nevertheless, the Defendant neglected this and proceeded on the front side of the Defendant’s vehicle by his negligence without looking at the front side of the front side, and instead, she got the front side part of the victim D(64) who was towing the bicycle on the crosswalk, leading the bicycle on the front side of the road.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of a pelto, which requires approximately 12 weeks of medical treatment, due to such occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act (the fact that imprisonment without prison labor, negligence is serious and the degree of injury is serious, many people of the same kind, and the attitude of pointing out the fault of the victim who is irrelevant to the accident, etc.)

1. Article 62 (1) of the Criminal Act on the suspended execution (a point agreed with the victim, etc.);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;