logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.07.26 2018고단1904
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS3 car.

On February 3, 2018, the Defendant driven the above car at around 11:00, and turn to the left the front road of the "D Mart" in Seoul, Jung-gu, Jung-gu, Seoul, to the 7rd apartment from the right edge of Jung-gu, Jung-gu.

Since a crosswalk without signal, etc. is installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents, such as making a temporary stop in front of the crosswalk and allowing pedestrians to walk safely.

Nevertheless, when the defendant neglected to turn to the left without neglecting it, the defendant found the victim E (n, 55 years old) who walked on the above crosswalk to the right side from the left side of the mashed room, and operated the above crosswalk late, but the defendant did not avoid it, but did not go to the back wheels of the above vehicle and caused the victim to go beyond the victim by shocking the situation of the victim.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as pulverization of pulvers to the left-hand side, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. The actual investigation report on traffic accidents;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] There is no basic area (four months to one year) (the person subject to special sentencing) (the person subject to special sentencing] [the decision of sentence] crosswalks are spaces where pedestrian safety should be absolutely protected.

arrow