beta
(영문) 서울북부지방법원 2018.04.19 2018고단865

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 Obaba in C.

On January 29, 2018, the Defendant driven the upper obaon around 17:30, while driving three lanes in front of the Seoul Western-gu, Seoul, along with two-lanes from the middle obacy area to the middle obacy area.

At the time, there was a crosswalk installed at the front of the defendant's moving direction, so in such a case, the driver had a duty of care to protect pedestrians by safely driving in accordance with the new code.

Nevertheless, the Defendant neglected this and got the body of the Victim E (five years) and the Victim F (five years old) who dried the crosswalk in accordance with the Marin pedestrian signals by negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the victim E in the course of performing the above occupational negligence, such as a thring at the lower end of the closed bridges, which requires approximately four weeks of treatment, and a thring in which approximately two weeks of treatment is required to the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] The basic area (4-1 year) (the person subject to special mitigation)] / In the case where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching Service is serious (the decision of sentencing] the crosswalk should be absolutely protected for pedestrians who walk along the crosswalk.

The Defendant’s signal at the crosswalk, which is the place where the instant accident occurred, is pedestrian.