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(영문) 서울북부지방법원 2015.12.22 2015고단3377

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a wing and cargo vehicle B.

On August 8, 2015, the Defendant driven the above vehicle at around 13:40, while driving the vehicle, the four-lane road in front of the 1456 Jeju-ro 7-lane 3-lane in Nowon-gu in Seoul Special Metropolitan City was driving along the same three-lanes from the offside of the Nowon-gu in Seoul Special Metropolitan City.

At the time, it was not clearly ensured the front time, and the signal apparatus was broken off, and there was a crosswalk at the front time, so there was a duty of care to safely drive the vehicle and prevent the accident in advance by safely checking whether there was a person who gets on the driving of the vehicle by reducing the speed and properly examining the surroundings of the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant got the body of the victim C (V, 70 years old) who has dried the crosswalk on the right side from the left side of the vehicle driving direction of the Defendant to go beyond the floor by taking the body of the victim C (V, 70 years old) on the left side of the Defendant.

As a result, the Defendant suffered injury, such as the escape of the neck, the escape of an open body body, and the escape of the bones, which intrudes the copy of the neck that requires approximately 12 weeks of medical treatment to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Sentencing (Determination of type): General traffic accidents; Type 1 (Bodily Injury from Traffic Accidents); and the basic area (the scope of a sentence of recommendation) (the scope of a sentence of recommendation) from April to October;

2. In this case, the decision of sentence is that the injured party was seriously injured by an accident in the crosswalk, that the defendant did not reach an agreement with the injured party, and that the injured party is filing a petition for the severe punishment of the defendant, and that of the accused.