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(영문) 서울북부지방법원 2017.12.14 2017고단4384

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 driving of B Poter cargo vehicles.

On August 17, 2017, the Defendant driven the above cargo vehicle around 13:22, and proceeded in the direction of a private household in the vicinity of the area of the D store located in the Jung-gu Seoul Metropolitan Government.

Since a crosswalk is installed on the front side of the defendant, when the motor vehicle is traveling along the crosswalk, the motor vehicle had a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the crossing of the pedestrian or endanger the pedestrian.

Nevertheless, when the defendant neglected to turn to the left, the defendant left the crosswalk from the right-hand side of the right-hand side of the victim E (80) to the left-hand side, so that the damaged person exceeded the road.

Ultimately, the Defendant suffered injury to the victim, such as cutting down and closing down the body of the left-hand in need of approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports, evidence photographs, and diagnostic certificates;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A punishment shall be imposed in consideration of the circumstances favorable to the Defendant’s gross negligence with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, such as the occurrence of the instant accident, the injury suffered by the victim due to the instant accident, the fact that the Defendant did not reach an agreement with the victim, the Defendant had been punished for the same kind of crime, and the fact that the Defendant recognized the instant criminal facts and commits an erroneous act, the Defendant was living without any particular criminal record since 2006, and the fact that there was a family member to support the Defendant.