(영문) 서울북부지방법원 2018.05.03 2018고단478

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(영문) 서울북부지방법원 2018.05.03 2018고단478

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 radar car.

On January 14:33, 2018, the Defendant moved bypassing the three-lanes of the three-lanes in the direction of the Young Jaung High School in the direction of the private distance station of the U.S. on the front of the Seoul Northernbuk-gu, Seoul.

Since the place is where a crosswalk is installed, there was a duty of care to safely drive a motor vehicle after checking whether a person engaged in driving a motor vehicle is a pedestrian crossing.

Nevertheless, the Defendant neglected this and caused the victim G (the 62 years old) to wear a crosswalk at the right side of the upper right side of the vehicle in front of the vehicle by negligence, and caused the victim to suffer bodily injury, such as a sloping and a bridge which require approximately 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. (1) On-site investigation reports and photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and 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, and selection of imprisonment with 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 Order to Attend a lecture [the scope of the recommended sentence] The ground for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing [the scope of the recommended sentence] of the General Traffic Accidents Type 1 (Bodily Injury by Traffic Accidents) [1-8 months] [the special mitigated person] the punishment non-won (including efforts to recover damage] [the sentence] of the crosswalks shall be strongly protected by pedestrians' trust and safety, and the driver of the vehicle shall also fulfill his/her duty of care well.

The defendant was unable to view the victim who dried the crosswalk in light of the sunlight.

One does not constitute a defense to hear ear.

This is because there is a duty of care to verify whether a pedestrian is a pedestrian by making a tent or temporarily stopping.

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