beta
(영문) 서울서부지방법원 2016.11.15 2016고단1468

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 10:00 on March 12, 2016, the Defendant is driving a C-Scar car as a duty, and the Defendant is driving a crosswalk in order to turn the road to the right side of the Defendant’s vehicle in the direction of the right side of the Seodaemun-gu Seoul Western-ro 121 North Korea from the direction of the right side to the right side of the road in the direction of the right side of the northwest-ro 121 North Korea. As such, there is a place where there is no signal lights installed, the Defendant is a pedestrian driving the crosswalk in the direction of the right side of the vehicle in question, and the Defendant was negligent in failing to perform his duty of care to safely proceed, and did not find the victim D who walk the crosswalk from the direction of the vehicle in question to the right side of the Defendant’s vehicle and received the victim as the front side of the right side of the Defendant’s vehicle.

As a result, the Defendant suffered from the injury of the victim, such as the pressure frame of 8, 11 chests, and the scke of sckes, which require approximately 12 weeks of medical treatment by occupational negligence as above, such as the scke and the scke of the sckes.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A medical certificate;

1. On-site photographs and vehicle photographs at the time of the accident;

1. The Defendant and his defense counsel asserted that the instant accident was not an accident on the crosswalk. However, the following circumstances revealed by the evidence of the judgment, namely, that the Defendant stopped in the crosswalk without stopping in front of the instant crosswalk, and the Defendant stopped in the direction of blocking the crosswalk, that the victim was driving the crosswalk with the intent to cut off the crosswalk, that the victim obstructed the Defendant’s vehicle volume in front of the crosswalk, and that the instant shock would have occurred at the point near the above crosswalk or the crosswalk.