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(영문) 서울중앙지방법원 2017.05.16 2017고단2028
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment 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

1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 17, 2017, the Defendant driven the above car at around 05:40 on February 17, 2017, and driven the road on one lane in front of the new village bus stops located in 113, Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul, at the speed of about 30 km in the direction of the clean entrance.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, by neglecting this, the Defendant neglected to move the vehicle driving signals to the stop signal, and due to the negligence of proceeding without being changed to the stop signal, the Defendant, using the crosswalk in accordance with the pedestrian signals, brought the left body part of the victim C (V, 68 years old) to the left part of the road on the right side of the crosswalk in accordance with the pedestrian signals, which goes beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the inside and outside of the right side, for about six weeks of medical treatment, due to the above occupational negligence.

2. Around 05:40 on February 17, 2017, the Defendant driven a motor vehicle with B low speed without obtaining a driver’s license in a section of about 2 km from the front of a new village bus stop located in Seocho-gu Seoul, Seocho-gu, Seoul, to the front of a new village bus stop located in 113 in the Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on internal investigation (C telephone call);

1. The driver's license ledger;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; proviso of Article 3(2)1, 6, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; the Criminal Act.

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