(영문) 수원지방법원 2020.06.04 2020고단569

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(영문) 수원지방법원 2020.06.04 2020고단569

교통사고처리특례법위반(치상)

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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 a benz car.

On January 1, 2020, the Defendant driving the above vehicle around 18:00, and driving it on the three-lane road in front of Suwon-si C in front of Suwon-si, Suwon-si, toward the direction of each intersection house from the long distance, led to an expansion tree and a three-lane intersection while driving along the three-lane.

In such a case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance. In such a case, the driver of the motor vehicle has a duty of care to reduce the speed of the person engaged in the motor vehicle's duty and to check whether there is a person driving the motor vehicle in the crosswalk in good manner.

Nevertheless, the Defendant neglected this and did not find out the victim D (e.g., age 76) who was crossinged from the right side of the Defendant’s vehicle to the left side of the crosswalk to the left side of the crosswalk in order to circumvent the vehicle stop signal, and did not suffer injury, such as pulverization of pulvers between the left side of the victim’s vehicle and the left side of the victim’s driver, which led the victim to go beyond the upper part of the victim’s left side of the road.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is that the defendant's negligence in operating the signal in violation of the signal and the defendant's negligence did not cause the defendant's injury to the victim, and the degree of the injury suffered by the victim is not easy.

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