beta
(영문) 서울동부지방법원 2017.10.19 2017고단2636

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 bicycle C 110cc motor device.

At around 15:00 on March 28, 2017, the Defendant operated the motor device bicycle on the front of Gwangjin-gu Seoul Special Metropolitan City, and proceeded from the opposite side to the front of the sexual elementary school at an indefinite speed.

In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and steering the steering system and operating the steering and steering system of the vehicle.

Nevertheless, the defendant neglected this and did not keep the front door well, and did not avoid the victim F (57 years old) to the right side from the left side of the proceeding direction by negligence, and had the victim go beyond the front part of the motor device bicycle.

Ultimately, the Defendant suffered injury, such as cage cage cages that require approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Reports on traffic accidents, written statements on the occurrence of traffic accidents, investigation reports (on-site investigations and legal application);

1. Each written diagnosis;

1. Making teas;

1. On-site photographs and ctv closure photographs [the defendant and his defense counsel followed the signal at the time of the instant accident, but the victim was crossing without permission, and thus the Defendant did not commit any negligence.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the place where the instant accident occurred, are one-lanes, and there are frequent pedestrians due to the location of commercial buildings in the accident site, and the Defendant, who proceeds from the instant road, can expect pedestrians to cross without permission.