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(영문) 서울서부지방법원 2018.05.03 2018고단176

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above imprisonment without prison labor for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2017, at around 12:00, the Defendant operated the E- Amburged vehicle from the D cafeteria parking lot located in Yongsan-gu Seoul, Yongsan-gu, Seoul to move to the roadway, and continued to move about 10 km at the speed.

Since there is no choice but to proceed through the sidewalk, there is a duty of care to prevent accidents in advance by properly examining the left and right of the direction of the passage, such as whether a person engaged in driving of a motor vehicle has a pedestrian or interfered with the passage of the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim F (76 years of age, women) to go up to the ground by shocking the part of the victim F (76 years of age, women) which was lying on the sidewalk due to the negligence of the Defendant’s negligence.

Defendant 1 suffered injury to the victim during the 12-day period of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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 Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Although the degree of injury of a victim for the reason of sentencing under Article 62(1) of the Criminal Act is not minor, the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's age, sex, environment, circumstances after the crime, etc., although there is no agreement with the victim, there is no same criminal history, and there is no other kind of crime record