beta
(영문) 수원지방법원 안양지원 2018.12.21 2018고단705

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 Bchip car.

On October 31, 2017, the Defendant driven the above vehicle at around 18:50 on October 31, 2017, and continued to drive the ice in front of the D kindergarten located in Gunposi C at the Gunpo-si.

At this point, the crosswalk was installed in the front, and the center line of yellow-ray was installed, so in such a case, when pedestrians are passing the crosswalk, they should temporarily stop in front of the crosswalk (at the place where the stop line is installed, referring to the stop line) so as not to obstruct the passage of pedestrians or endanger them, and there was a duty of care to safely drive the tea.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk and got the victim E (the 79 years old) who crossed the crosswalk to the right side from the left side of the crosswalk to the right side in order to walk while entering the crosswalk without temporarily stopping in front of the crosswalk.

As a result, the Defendant suffered serious injury, such as light-frame opening alley, accompanied by damage to the right side, which requires treatment for about seven months, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

1. Article 3 (1) 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, the selection of imprisonment without prison labor for a crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant was shocked by the central line, and the defendant's negligence was serious, and the victim of the accident in this case is right-hand bridge.