beta
(영문) 광주지방법원 2020.09.17 2020고단2937

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B carren vehicle.

On April 17, 2020, the Defendant driven the above vehicle on April 17, 2020, and continued to turn to the left at the seat of the D University from the right side of the Nam-gu Seoul apartment site to the right side of the D University.

On the other hand, a crosswalk is installed that does not regulate traffic by signal apparatus, so if a person engaged in driving service of a motor vehicle is well able to reduce the speed of the motor vehicle and take the right and the right, and if a pedestrian passes the crosswalk, he/she had a duty of care to temporarily stop in front of the crosswalk to check the safety of the pedestrian, to send the pedestrian first, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, by negligence, received from the right side of the Defendant’s proceeding to the front part of the vehicle driving by the Defendant, the victim E, who opened the crosswalk from the right side of the Defendant’s proceeding.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as sugars without any room in the opening of 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined in full view of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading to the crime, the degree of damage to the victim and whether the victim was recovered, the family relationship, health condition, and the possibility of recidivism as stated in the records and arguments of this case.