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(영문) 서울북부지방법원 2017.08.17 2017고단2385

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 of a vehicle at CM lease.

On March 27, 2017, around 16:35, the Defendant left the right turn to the same day at the above intersection where there is no signal, etc. while driving ahead of the road of the first line from the front side of the Seoul Special Metropolitan City, Nowon-gu's D intersection to the elementary school at the Seoul Cheong-gu apartment commercial building.

At the point where the left turn is terminated, a crosswalk without a pedestrian signal was installed, and the apartment complex is a place where pedestrians frequent, and in such a case, there was a duty of care to check whether there is a person who is engaged in driving of a vehicle, and to safely drive the vehicle, after checking whether there is a person who gets to reduce the speed and by checking the right and the right and the right of the vehicle.

Nevertheless, the defendant neglected this and went beyond the right bridge of the victim E (84) who cross the crosswalk from the right side to the left side by his negligence.

Accordingly, the Defendant suffered injury to the victim, such as the 1, 2, and 4 of the 1, 4th part of the satisfaction with the right, which requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Taking into account the circumstances, such as the negligence of violating the duty of care of pedestrians in the crosswalks for sentencing under Article 62(1) of the Criminal Act, the degree of injury of the victim is also minor, there is no criminal punishment exceeding the fine, the comprehensive motor vehicle insurance is covered by the comprehensive motor vehicle insurance and the victim does not want the punishment of the defendant by agreement, and the violation is being committed;