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(영문) 서울남부지방법원 2018.04.19 2018고단1126

교통사고처리특례법위반(치상)

Text

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

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2017, at around 05:47, the Defendant driven a hived vehicle B, and turned ahead of D Mart in Yeongdeungpo-gu Seoul Metropolitan Government, from the high level of the air space in Yeongdeungpo-gu, to the high level of the air space in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, one-lane of the two-lanes of the two-lanes in which it is impossible to identify.

At the time, the crosswalks and pedestrian signals are installed at night, and therefore, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle after examining whether there is a pedestrian who gets to walk up the crosswalks according to the signals by checking well the front, front, and left well.

Nevertheless, the Defendant neglected this and did not stop the front, but did not stop even though it was a stop signal, and the Defendant got the victim E (62) who moves the crosswalk from the right side of the Defendant’s running direction to the left side of the road according to the Mad-to-hand walk, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered approximately ten weeks of medical treatment due to the above occupational negligence, resulting in the felball of the upper end.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. CCTV images of spirits;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment shall be the basic area (from April to one year) of the class 1 (the injury caused by traffic accidents) of the general traffic accident: None of the persons subject to special sentencing;

2. The fact that the degree of damage to the sentence of sentence is relatively heavy, and that the person who was unable to receive the letter is disadvantageous to the defendant.

However, it is a criminal first offender, it is covered by comprehensive insurance, and the defendant is the victim.