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(영문) 서울북부지방법원 2018.11.01 2018고단3830

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 radar car.

On August 9, 2018, the Defendant driven the above car at around 21:30 on August 21, 2018, and led to turn to the left from the front of the crosswalk 13 complex, set off the front of the crosswalk 13 complex, which is set off in Nowon-gu, 54-gil 92, in Korean blick.

Since there was a road on which a crosswalk is installed, there was a duty of care to temporarily stop in front of the crosswalk in front of the crosswalk in order for a person engaged in the driving of the motor vehicle to live well as to stop in front of the crosswalk in order to prevent the accident in advance.

Nevertheless, the defendant neglected to turn to the left without neglecting it and caused the victim C(50) (50) to leave on the left side of the road of the defendant's drive with the left side of the vehicle of the defendant's drive.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim’s right upper frame, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] Article 62(1) of the Act on the Suspension of Execution of the Punishment of Traffic Accidents No. 1 [the person subject to special mitigation] [the person subject to special mitigation] Article 62(1) of the mitigated area (including his endeavor to recover damage] / [the sentence] Article 62(1) of the Act on the Suspension of Execution of the Punishment of Traffic Accidents is a safe space where pedestrians are absolutely protected. The defendant who has shocked the victim of the crosswalk is not so small that the defendant's fault against the victim is not so small that the victim has suffered damage, and the defendant is

However, vehicles operated by the defendant are covered by a comprehensive insurance.