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(영문) 서울남부지방법원 2018.02.06 2017고단5496
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 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 B car.

around 17:10 on July 6, 2017, the Defendant continued the front of Yeongdeungpo-gu Seoul Metropolitan Government C at a speed of about 10km each hour in the direction of a new road plaza.

At this point, there was a crosswalk without signal apparatus at the front door, so in such a case, the person engaged in driving service had a duty of care to check whether there is a person who gets on the way to reduce the speed and to check well the right and the right and the right and the right and the right and the right and the right and the

Nevertheless, due to the negligence of neglecting this, the victim D (the 80-year old) who was a pedestrian crossing in the right direction on the left side of the front side of the said car, was placed in front of the said car with the front wheeler, and suffered injury, such as a balone, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident investigation reports, accident photographs and video CDs, and diagnostic certificates;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. The fact that the negligence of the defendant, who saluted the pedestrian walking on the crosswalk for the reason of sentencing under Article 62 (1) of the Criminal Act, is serious and the degree of injury of the victim is serious: Provided, That the fact that the victim has agreed with the victim, the fact that damage caused by the comprehensive motor vehicle insurance seems to be compensated due to the motor vehicle accident, and other factors such as the defendant's age, environment, background of accident, degree of damage, circumstances after the crime, etc. shall be taken into account;

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