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(영문) 서울북부지방법원 2017.03.28 2016고단5485

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 a period of 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 the operation of B Launa car.

On April 23, 2016, the Defendant driven the above car at around 19:30 on the road, and continued to drive the crosswalk in front of the entrance of the parking lot for 330 Roon, Nowon-gu, Seoul Special Metropolitan City Nowon-gu. At that time, there was a crosswalk at the front of the parking lot for the Defendant’s vehicle. As such, the Defendant paid attention to whether there is a pedestrian driving the crosswalk, and if there is a pedestrian, he was a duty of care to temporarily stop, not obstruct the crossing of the pedestrian, and to prevent the accident from spreading.

Although Defendant 1 neglected the above duty of care and did not discover the victim C (47 tax and female) crossing the crosswalk from the right-hand side to the left-hand side while Defendant 1 neglected the above duty of care and proceeded without finding the victim C (47 tax and female). The part of the bridge of the above victim was shocked into the left-hand side of the passenger car driven by Defendant.

As a result, the Defendant suffered injury to the above victim by negligence during driving, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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 suspended execution;

1. Taking into account the scope of recommendations and the criteria for suspension of execution, the fact that an order to attend a lecture or an order to provide community service has been subscribed to a motor vehicle comprehensive insurance according to sentencing guidelines for traffic crimes with reasons of sentencing under Article 62-2 of the Criminal Act and the beginning