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(영문) 서울북부지방법원 2019.06.13 2019고단1496
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 30, 2019, the Defendant driven the above car on the 11:50th day of January 30, 2019, driving the front road of the Seoul Western-gu C toward the private distance of D elementary school from the long-distance distance from D elementary school.

At all times, there is a intersection where the left turn is permitted and a crosswalk is installed immediately after the left turn, so there was a duty of care to prevent accidents in advance by properly operating the steering gear and brakes accurately and safely.

Nevertheless, the defendant neglected this and caused the victim E (the 72 years old) who crosses the road on the crosswalk from the right side of the defendant's course to the left side of the crosswalk to go beyond the floor by taking the victim E (the 72 years old) who crosses the road on the left side of the driver's vehicle.

The Defendant suffered injury to the victim, such as pulmonary dykes, which require approximately eight weeks of medical treatment, due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category I (the injury resulting from traffic accident) (one month to eight months) (including special mitigation) and the area of mitigation (including serious efforts to recover damage);

2. The defendant who is sentenced to a sentence shall be negligent in driving a motor vehicle in violation of the duty to protect pedestrians in crosswalks;

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