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(영문) 서울서부지방법원 2018.12.20 2018고단2751

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with C and C coin.

On June 26, 2018, the Defendant driven the above 09:05 on the 09:05, and led to the road of one lane on the independent door of Seodaemun-gu Seoul, Seodaemun-gu, to the central church of the Korean language.

At the time, there was a pedestrian crossing in the front of the front of the road, and there was no signal signal at the front of the road. In such a case, there was a duty of care to check whether a person engaged in driving service was a person who gets on the front of the road by reducing the speed and driving well, and to check the front of the road and the left and right of the road.

Nevertheless, the defendant neglected this and proceeded without examining the front side properly, and did not find the victim D (Woo, 88 years old) who scam the way to the right side from the left side of the direction of the proceeding using the crosswalk, and did not find the victim D (Woo, 88 years old). The part of the victim's upper part of the front part of the scam in front of the above scam.

Ultimately, the Defendant suffered injury due to the above occupational negligence, such as an injury caused to the victim during the surgery of an external prop prone to which the period of treatment could not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on traffic accident reporting (1) (2) and written opinions, final diagnosis, and investigation reports (CCTV Survey);

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. A normal condition that is favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A comprehensive motor vehicle insurance is subscribed to, and agreed with, the victim; the defendant is old; the defendant's mistake is recognized; and the defendant's failure to perform his/her duty to protect pedestrians; and the victim suffers serious injury due to the instant accident.