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(영문) 서울동부지방법원 2020.01.21 2019고단3762

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

On October 4, 2019, the Defendant driven the above cargo vehicle around 07:10, and came to the left-hand turn at a speed of about 30 km from the D market to the E apartment zone of the front of Gwangjin-gu Seoul Special Metropolitan City.

On the other hand, there was a crosswalk in which a signal, etc. has not been installed, so there was a duty of care to safely drive the motor vehicle and prevent the accident by checking whether there is a person who gets engaged in driving of the motor vehicle by reducing the speed prior to entering the intersection and by checking it well.

Nevertheless, the Defendant neglected this and entered the intersection without reducing the speed and caused the victim F (n, 62 years of age) who was on the crosswalk by the negligence of left turn to the left, to go beyond the top of the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury, such as mination of flag on the left-hand side in need of treatment for about 10 weeks by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. A photograph of a vehicle, on-site photograph, or a CCTV image closure;

1. Application of Acts and subordinate statutes to investigation report (on-site investigation and accident scene confirmation);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Extent of recommendation according to the sentencing guidelines (decision of type), traffic crime group, general traffic accident, type 1 (the injury of a traffic accident): Reduction element: In cases where serious injury not serious injury occurs, but serious injury occurs, or in cases falling under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, or in cases falling under the proviso to Article 3 (2): Reduction element;