(영문) 서울북부지방법원 2017.11.23 2017고단3376

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.11.23 2017고단3376

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor 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

The defendant is engaged in driving a C digging groundr.

On April 13, 2017, the Defendant operated the above digging range on the 18:38th day of Apr. 13, 2017, and led to the point where the accident occurred while driving three lanes along the 3rd side of the 3rd line in the direction of the entrance.

In such a case, if a person engaged in driving a motor vehicle drives a crosswalk by reducing the speed of the motor vehicle and properly examining the right and the right of the road and pedestrians pass the crosswalk, it is necessary to temporarily stop in front of the crosswalk so that pedestrians can pass first and to check the safety of the pedestrian, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and continued to turn right of the crosswalk at the same speed, and the victim E (the 51-year old)'s hacks the right side of the crosswalk, which was left by the left side, with the wheels of the hacker driving by the defendant.

As a result, the Defendant suffered injury to the victim due to occupational negligence, such as “satisfeing 12 weeks of therapy”, which requires approximately 12 weeks of therapy.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of accident-related video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 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 the selection of imprisonment without prison labor;

1. The following circumstances are taken into account: (a) there exists a history of causing a traffic accident by driving a cutter for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the fault of the defendant sufficient to walk on the crosswalk; (c) the degree of injury of the victim is not less than that of the victim; (d) a comprehensive motor vehicle insurance contract; (e) the victim does not want the punishment of the defendant; and (e) the victim is against the victim

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

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-서울북부지방법원 2016.07.14 2016노652

-대전지방법원 2015.01.07 2014고정1882

-서울북부지방법원 2017.04.25 2017고정465

-부산지방법원 2014.08.28 2014고정2222