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(영문) 서울중앙지방법원 2019.09.24 2019고단3958
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 February 14, 2019, the Defendant driven the above car at around 09:40, while proceeding the D front side road located in Dongjak-gu Seoul Metropolitan Government, and got to turn to the left in the direction of E apartment.

In this case, there was a crosswalk at the front door, so there was a duty of care to check whether there is a person who gets on the way to reduce the speed for the person engaged in the vehicle driving business and to see well the right and the right and the right of the person, and to prevent the accident in advance by driving safely.

Nevertheless, if the defendant neglected to turn to the left as it was due to negligence, he saw the victim's left side to the port from the right side of the car running on the road of the defendant's driver's drive, taken the victim's left side into the part of the victim's F (the 71-year old-age-age-age-age-age-age-age-age-age-age-age-age-age-on-way-on-way-on-way-

결국 피고인은 위와 같은 업무상 과실로 피해자에게 치료일수 미상의 좌측 견관절, 골반환 등의 골절, 요추1번 압박골절 및 최소 6주간의 치료가 필요한 무릎뼈 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Results of viewing accident video CD reproduction;

1. The police statement concerning G;

1. The actual survey report and the accident site photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (verification of a black box image);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62(1) of the Criminal Act provides that the negligence of the instant accident committed against the victim who has dried a crosswalk for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is more severe, and that the elderly victim suffered considerable bodily harm due to the negligence of the instant accident, the quality of the crime is not minor.

However, the accident vehicle is covered by a comprehensive insurance, and during the trial of this case.

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