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(영문) 서울서부지방법원 2020.05.14 2020고단306

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 is engaged in driving a BM7 car.

On December 15, 2019, the Defendant driven the above car on December 18:35, 2019, and proceeded to turn to the left at the entrance of the C Apartment Ddong at a speed of about 5 km per hour, while driving a road in front of the Seoul Mapo-gu Seoul Metropolitan Government C Apartment Ddong at a speed of about 5 km from the ebbbbbbs to the ebspumsp.

At the time of the accident, the accident location was supper time, and the accident location is marked with a crosswalk without signal, so in such case, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian, and in such a case, the driver of the vehicle has a duty of care to stop in front of the crosswalk, so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the defendant neglected to enter the crosswalk and caused the victim to go beyond the road due to the negligence that the defendant's failure to do so and caused the part of the bridge of the victim E (V, 65 years old) in front of the left-hand part of the above car, which was moving the above crosswalk to the left-hand side of the Mapo-do room, the right-hand side of the defendant's running.

Ultimately, the Defendant caused the victim to suffer injury, such as an open body flag, which requires approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. It shall be decided as ordered on the grounds of not less than Article 62(1) of the Criminal Act (if a contract is reached and a comprehensive insurance is subscribed, the first offender, etc.);