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(영문) 서울북부지방법원 2018.12.13 2018고단4480

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 a person who is engaged in driving of CTrack Motor Vehicles.

On July 17, 2018, the Defendant driving the above car at around 17:05, and proceeding one lane prior to Seoul Special Metropolitan City Nowon-gu D with a view to the protection of the future ney from the offset area, and made the left turn turn at an unfried speed at the intersection without signal such as signal.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, due to the negligence of neglecting this, the Defendant suffered injury, such as the victim E (at least 80 years of age) who was a road along the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side, which requires approximately 8 weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident (F substitutes);

1. A report on traffic accidents and a survey report on actual condition;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Type 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (including special mitigated persons), the punishment is not imposed (including efforts to recover damage), and the crosswalks are spaces in which pedestrian safety should be absolutely protected.

The defendant is highly negligent to inflict a serious injury on a victim of a crosswalk by shocking him/her, and receive a serious injury.

The victim can sufficiently understand the fact that it is not easy to completely recover when he suffers from an old age, and considering the degree of such damage, the defendant should be considered.