beta
(영문) 서울북부지방법원 2016.07.05 2016고단1571

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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, Grandroth.

On March 21, 2016, the Defendant driven the above 07:35 on March 21, 2016, and moved the front distance of D's pharmacy in Seongbuk-gu Seoul Metropolitan Government to the private distance at the entrance of the Seongbuk-gu office of Seongbuk-gu.

Since there are many pedestrians moving along a crosswalk, they have a duty of care to reduce speed and to safely drive the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded along the above crosswalk to the port from the right side of the Defendant’s direction, and did not discover the victim E (the age of 21) who was crossing the above crosswalk to the port from the right side of the Defendant’s direction, and the Defendant’s wheeled the victim’s left side to the right side of the front side of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body of the inside, duplicate, etc. requiring approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Consideration of the scope of recommendation and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant has no criminal history, the defendant is not subject to comprehensive automobile insurance, and the defendant has not agreed separately with the victim;