beta
(영문) 서울서부지방법원 2021.01.26 2020고단2925

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 service of the Flag BTC0043, 2019.

On May 9, 2020, the Defendant driven the above vehicle around 15:05, and proceeded with the bicycle exclusive road in the Han River Park near Yongsan-gu Seoul, Yongsan-gu, Seoul, at about 10 km from the direction of the bridge to Hannam.

There are separate bicycle lanes and pedestrian roads, but there are no facilities to prevent pedestrians from entering. In such a case, the driver of a motor vehicle, etc. has a duty of care to reduce the speed and to prevent accidents by accurately operating and safely driving the steering gear and brakes, while considering the direction of pedestrians' proceeding.

Nevertheless, the Defendant neglected this and discovered the victim C (at 78 years of age) who walked with pedestrian aids in the same direction as the Defendant on the bicycle lane opposite to the Defendant’s moving direction, but failed to avoid the victim who was going forward from the left side of the Defendant’s moving back from the Defendant’s moving back from the Defendant’s moving direction, and had the victim go over the ground with the front wheel part of the Defendant’s front wheel part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the 12 week period of medical treatment, such as an injury caused by an injury to the victim, such as an injury caused by an injury to the victim due to an external wound, which does not have any open address.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographss and photographs of the place where the accident occurred;

1. A medical certificate or a medical statement (whether serious harm is inflicted);

1. Application of Acts and subordinate statutes to report internal death (whether a serious injury has occurred to a victim);

1. Relevant legal provisions concerning criminal facts, Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Suspension of execution;