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(영문) 서울동부지방법원 2019.10.31 2019고단1597

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 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 Bsch Rexton sports car.

The Defendant driven the above vehicle around 16:40 on February 23, 2019, and turned the vehicle to right bypass at the two-lane road in Songpa-gu Seoul, Songpa-gu, Seoul, along with the intersection of the Dmiddle School in Seongdong-gu, Seoul.

The location is an intersection where signal, etc. is installed, and a crosswalk is installed on the front side, so in such a case, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a road by reducing the speed and checking well the front side of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded as it is, according to the pedestrian signal of the defendant, did not find out the victim E (Woo, 77 years old) who was standing on the left side from the right side of the defendant's running direction and did not set up the right side of the victim with the front wheels of the defendant's vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the left-hand body felbing, etc., which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to black stuffed video images;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. The basic area of recommendation [decision of types] according to the sentencing guidelines and the scope of general traffic accidents in general shall not include the element of aggravation and mitigation (the scope of recommendation] of types 1 (the injury resulting from traffic accidents) (the injury resulting from special appearance). The basic area of punishment: April to one year.

3. Determination of sentence [Incompetence] of the same kind in 1995.