beta
(영문) 의정부지방법원 2020.07.24 2020고단97

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On November 14, 2019, the Defendant driving the above cargo vehicle around 15:49, and driving the two-way road of the 447-1 "Cambing-dong," the two-way two-lanes of the "Cambing-dong," in which the four-lanes of the "Cambing-dong," from the boundary of the intersection to the green-sea area, led to the right-hand way at a speed of about 30km each hour.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the defendant neglected this and found the victim C (the 57 years old), D (the 62 years old), which was crossing the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals by negligence, disregarding that the vehicle progress signal is changed to the stop signal, and found late later the victim C (the 57 years old), who was crossing the crosswalk from the right side of the crosswalk, and operated it to avoid this, but did not avoid it, but did not avoid it and did not conflict the part of the victim C's face and the part of the victim D's face in front of the cargo of the

As a result, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately three weeks of medical treatment, and injury to the victim D, such as cutting down of flaps and closing down, etc., which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, on-site photographs, brief map and oral hearing reports;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act is the negligence of proceeding in violation of the signal while the vehicle’s progress signal is red.