(영문) 서울북부지방법원 2017.04.20 2017고단626

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(영문) 서울북부지방법원 2017.04.20 2017고단626

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years 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 a C Poter cargo vehicle.

On October 28, 2016, the Defendant driven the above vehicle at around 17:30 on the 17:28th day of the company, and moved the intersection in front of D in front of D in the direction from the direction of the station to the west church, the Defendant, by negligence in the course of business, who violated the duty of pedestrian protection in the crosswalk, inflicted on the victim E (W, 85 years old) who was a pedestrian who opened the crosswalk with the front right side of the above vehicle, suffered an injury, such as a reproduction of the bridge on the left side, which requires about 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a traffic accident report, CCTV images-cape photograph and field photograph, and medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. It appears that the instant accident was caused by the Defendant’s gross negligence for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, and that the instant accident was caused by the Defendant’s serious injury to the victim, despite the fact that there was no agreement with the victim, the Defendant did not reach an agreement with the victim, and that there was a record of punishment for the same kind of crime in the past. Considering the unfavorable circumstances, the Defendant recognized the instant criminal facts and reflected the mistake, the Defendant deposited KRW 5 million for the recovery of damage to the victim, and the Defendant did not have any past record

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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