beta
(영문) 서울남부지방법원 2018.04.19 2018고단638

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On October 2, 2017, the Defendant driven a low-priced car volume around 17:35 on October 2, 2017, and led the Defendant to proceed with a lux in the direction of trading off the offline of the main road attached to the main road of Yeongdeungpo-gu Seoul Metropolitan Government.

The location is where there is a crosswalk without signal lights, so in this case, it is confirmed that a person engaged in driving service has a crosswalk by reducing the speed, by checking well the right and the right and the right of the road, and despite the fact that there was an occupational duty of care to prevent accidents by safely driving the road, the pedestrian D (n, 43 years old) with the right and right of the defendant's front part of the vehicle by neglecting it and neglecting it.

Defendant 1 suffered injury from the 7th pressure pressure pressure, which requires approximately 12 weeks of care due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Responses to traffic accident analysis;

1. Application of the Trabbbbbbbs film laws and regulations

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment shall be the basic area (from April to one year) of the class 1 (the injury caused by traffic accidents) of the general traffic accident: None of the persons subject to special sentencing;

2. The fact that there was a relatively serious injury in the decision of sentence, and the fact that the victim wanted to punish the defendant, etc. is disadvantageous to the defendant.

However, there are favorable circumstances such as the fact that the defendant has no record of criminal punishment, the fact that the defendant was covered by a comprehensive insurance, and the fact that the defendant deposited 12,00,000 won for the victim.

These circumstances.