beta
(영문) 서울북부지방법원 2014.05.27 2014고단607

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 drives a EXE car as his duties.

On February 21, 2014, the Defendant driven the above vehicle on February 21, 201:30, while driving the 77-lane road in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along with the 54-lane 7-lane 1 road, from the new river basin to the boundary of the bridge.

It was a road on which a crosswalk is installed.

In such a case, a person engaged in driving service was negligent in neglecting his duty of care to protect pedestrians by safely driving the crosswalk, such as temporarily stopping in front of the crosswalks, while neglecting his duty of care to protect pedestrians. In such a case, the part of the bridge of the victim C (W, 58 years old) who crosses the crosswalk from the right side of the eavesd course to the left side of the crosswalks, and received the part of the bridge of the defendant's vehicle in front of the right side of the road.

As a result, the victim suffered pressure 1st century which requires the victim's treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. A supplementary completion certificate of C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report investigation results;

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 Article 268 of the Criminal Act concerning facts constituting an offense;

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines [type] traffic crimes, general traffic accidents, injury by traffic accidents (type 1] (Scope of the recommended sentence], April-10 (basic area) by imprisonment without prison labor;

3. While the Defendant, while driving a car, has shocked the victim on the crosswalk without signal, and suffered relatively serious damage to the victim, the Defendant is against his fault.