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(영문) 서울북부지방법원 2020.06.04 2019고단4399

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a BM3 car.

On August 16, 2019, the Defendant driven the above car at a speed of 07:00, while driving the car and driving the three-lane road in front of the Seoul Special Metropolitan City Nowon-gu apartment Da-dong at a speed of the U.S. along the three-lanes from the west to the west basin.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and neglected his care, caused the victim E (the age of 71) who crosses the crosswalk to the right side from the left side of the running direction of the defendant to the front side of the road by shocking the victim E (the age of 71) who crosses the crosswalk to the right side, and imposed the victim's chest on the front side of the right side.

Ultimately, the Defendant suffered from an injury, such as a maternal scarcity, which requires medical treatment for about six months, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal accidents (to listen to statements by shot lines or telephone);

1. Statement of the police statement of E;

1. A traffic accident report;

1. Medical certificates (E);

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. are senior citizens, and traffic offenses or traffic accidents are not available until the time of the accident in this case after obtaining the driver's license in 197, and the vehicles driven by the defendant are covered by the comprehensive motor vehicle insurance. In light of the circumstances favorable to the defendant, the above reasons are attributable to the defendant's