logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.05.26 2020고단383
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 who is engaged in driving of B Poter Cargo Vehicles.

On November 28, 2019, at around 12:10 on November 28, 2019, the Defendant driven the above cargo vehicle on a two-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul Metropolitan Government, leading the flow of the vehicle at the speed of the city speed from the inner cycle, along the two-lane 9-lanes in the city-speed width.

On the other hand, a crosswalk without signal lights are installed in the front door. In such a case, it was found that a person engaged in driving service has a duty of care to temporarily stop in front of the crosswalk in order to reduce the speed and to ensure the right and the right and the right of the road well, and if a pedestrian passes the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk in order to make him/her pass or yield his/her course.

Nevertheless, the defendant neglected this and got the victim D (75 years old) crossinged from the right side of the defendant's vehicle to the left side of the crosswalk by his negligence by neglecting it, which led the victim D (75 years old) to go beyond the road.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the 12 weeks left-hand abandonment abandonment abandonment, closure, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. A medical certificate;

1. Report on the occurrence of traffic accidents, report on actual condition investigation, report on investigation (verification of black stay images), application of the Acts and subordinate statutes on CDs for black stay images;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

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

1. The scope of recommendation [the determination of types] according to the sentencing criteria for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special sentencing factor] and the mitigated factors:

arrow