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(영문) 서울남부지방법원 2019.10.10 2019고단2601

교통사고처리특례법위반(치상)

Text

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

except that 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

On April 22, 2019, the Defendant is a person engaging in driving a Brash truck, and around 15:20 on April 22, 2019, the Geumcheon-gu Seoul Metropolitan Government March March 2, 201 was driving a three-distance road from the d apartment room to the sloak distance.

At the same time, traffic signal lights and crosswalks are installed on the front door, so there was a duty of care to prevent accidents by reducing speed and driving signals in good manner for drivers.

Nevertheless, the Defendant neglected this and entered the third-distance intersection without violating the signal, and was negligent by entering the road adjacent to the crosswalk, and received the victim E (the 59-year-old age) who crossed the road adjacent to the pedestrian signal along the pedestrian signal, from the front of the truck.

As a result, the Defendant suffered injury to the victim, such as the left-hand side of the 12 weeks of medical treatment due to the above occupational negligence and the e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident occurrence status prepared by E;

1. A practical survey report, on-siteCCTV, and photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Selection of alternative imprisonment without prison labor;

1. The sentence like the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, including traffic accidents caused by reason of sentencing under Article 62(1) of the Criminal Act, the degree of illegality of the Defendant’s negligence, the degree and degree of injury, the agreement (hereinafter “automobile comprehensive insurance”), the previous conviction of the same kind of fine, and the reflectivity.

It is so decided as per Disposition for the above reasons.