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(영문) 서울서부지방법원 2020.04.02 2019고단4276
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The defendant is a person engaged in driving a B-to-pur vehicle.

On October 23, 2019, the Defendant driven the above car at around 17:20 on October 23, 2019, and turned to the direction of the E market from the search route to the front intersection in Eunpyeong-gu Seoul Metropolitan Government.

The location is an intersection with a crosswalk, and in this case, there was a duty of care to check whether there is a pedestrian driving the crosswalk by reducing the speed for a person engaged in driving a motor vehicle and by properly examining the front and rear left, and to proceed safely.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and found the Victim F (83 years old) who walked along the crosswalk in front of the defendant's moving direction late, and got out of the victim by the front of the above vehicle operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the right frame, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. It shall be decided as ordered on the grounds of not less than Article 62 (1) of the Criminal Act (comprehensive insurance, and considering the fact that it has agreed with the victim);

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