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(영문) 서울북부지방법원 2019.06.13 2019고단1629
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 the same bicycle.

On January 9, 2019, the Defendant driven the above bicycle around 09:20, and proceeded two lanes in front of Dobong-gu Seoul Metropolitan Government apartment building B in the Dobong Information and Culture Center as a green-dried underground street room.

At the time, there was a crosswalk in which signal lights are installed on the front side of the defendant's moving direction, so the driver was responsible for the duty to safely drive the crosswalk by checking the front left well and checking whether or not there is a person to walk the crosswalk, and the person engaged in driving service was obliged to safely drive the crosswalk in accordance with

Nevertheless, the Defendant neglected this and proceeded as it was by negligence, disregarding that the vehicle progress signal is changed to a stop signal, and suffered injury to the victim C (V, 62 years of age) walking along the crosswalk, resulting in approximately 6 weeks of medical treatment, such as external shock of the 4 and 5 Hau Pu Plow Simp Signboards that require approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph photographs of the accident site and CCTV images for nearby crime prevention;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The case where illegality in the area of increase (eight months to two years) in the first category of general traffic accidents (excluding those under special circumstances) (eight months to two years) (excluding those under special circumstances) in accordance with the proviso (excluding subparagraph 8) of Article 3 (2) of the Specialized School Act, or the case of climatic driving according to the sentencing guidelines; and

2. The accused who has sentenced his/her sentence shall be sentenced to a traffic accident resulting from the negligence of driving a motor vehicle in violation of signals and the duty to protect pedestrians in a crosswalk, leading the victim to shocking the victim who has dried the crosswalk pursuant to the pedestrian signals;

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