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(영문) 서울남부지방법원 2021.01.28 2020고단584

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a radar car.

On January 2, 2020, the Defendant driven the said car at around 20:12, while driving the said car, and driving the intersection of the Square Park at the roadside of Yeongdeungpo-gu Seoul Metropolitan Government, into the eliminary slope from D’s basin, in contravention of D’s right-hand turn signals, and caused the victim E (63 years) who was cutting the crosswalk pursuant to pedestrians’ signals on the right-hand side of the eliminal left-hand side to take the front portion of the said car, thereby causing the victim to suffer approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Witness F;

1. Results of the video verification by this court;

1. Results of the video verification by this court;

1. A survey report on actual condition, photographs related to traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and post-disabled diagnostic certificates;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. The cases of harming the injured party at the crosswalk in accordance with the new signals when driving a motor vehicle by violating the reason signal signalling the sentencing of Article 62-2 of the Social Service Order Criminal Act, and the fault of the accused and the injured party are heavy.

The defendant's motor vehicle will be covered by civil damages, and the victim's intention is expressed that the defendant does not want the punishment against the defendant, and the defendant's primary offender is considered as a favorable condition to the defendant.