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(영문) 서울중앙지방법원 2020.02.17 2019고단8228

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 the operation of B rocketing vehicles.

On October 11, 2019, the Defendant driven the above vehicle at around 21:40, and proceeded at a speed of about 40 km in speed, depending on two lanes, from the intersection of the educational development institute located in the same Gu located in the same district in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul.

Since the location was installed with signal lights and crosswalks on the front door, there was a duty of care to reduce the speed to the person engaged in driving a motor vehicle and to ensure whether there is a pedestrian on the crosswalk, and to safely drive the motor vehicle in accordance with the traffic signal, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to change the front signal to a stop signal, and even if the signal of the crosswalk was changed to a pedestrian signal, by negligence in violation of the signal without stopping the vehicle, brought the right side of the E (W, 25 years old) of Indonesian nationality, which was walking along the crosswalk signal, into the right side of the vehicle under the crosswalk signal, from the left side of the vehicle under the direction of the vehicle under the direction.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the pipe and tension of the part where the victim is in need of approximately six weeks of medical treatment, and the chilling and tension of the part where the details are unknown.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Bluckings and videos of vehicles;

1. A medical certificate (including an additional medical certificate);

1. Application of the Acts and subordinate statutes stating the occurrence of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The defendant, in violation of Article 62(1) of the Criminal Act, was driving a vehicle in violation of the reason for sentencing of Article 62(1) of the Criminal Act.