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(영문) 서울남부지방법원 2017.06.22 2017고단1994

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for five 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 a four-time vehicle B.

On March 23, 2017, around 15:10 on March 23, 2017, the Defendant had the roads front of the D Lebz Center in Gangseo-gu Seoul Metropolitan Government along the three-lanes of the D Lebz center in the direction of the fire-prevention movement.

Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to live well with a signal, etc. and to drive safely in accordance with the new code.

Nevertheless, the Defendant did not stop the vehicle stop and did not stop, caused the victim E (V) who dried the crosswalk in accordance with the pedestrian signals from the left-hand side of the defendant's course due to the occupational negligence in the course of his/her operation to the right-hand side, and suffered approximately 6 weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report, diagnosis report, and investigation report (victim's statement);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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, and the

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's negligence is heavy in the course of the violation of the signal signals by a pedestrian crossing who has crossed the pedestrian crossing, and the degree of the victim's injury is not exceptionally applied.

A person has been punished twice due to drinking driving.

Motor vehicle insurance is covered by comprehensive motor vehicle insurance.

There is no previous offense exceeding a fine.

The punishment shall be determined as ordered in consideration of various circumstances, such as the background of accidents, degree of damage, circumstances after crimes, etc.