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(영문) 서울서부지방법원 2019.06.27 2019고단953
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 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 the operation of the Grandroth in B.S.

On February 15, 2019, the Defendant driven the above vans around 05:35, and made a turn to the left-hand turn to the right-hand green signal to the front side of the Mapo-gu World Cup 36-gil 14 and the front side of the Mapo-gu office street from the front side of the Mapo-gu office road.

At the time, it was difficult to see the new wall hours, and there was a crosswalk without any signal apparatus after the left-hand turn to the left-hand turn, so in such cases, the driver of the vehicle has a duty of care to prevent the accident, such as temporary suspension in front of the crosswalk, by examining well whether pedestrians are passing the crosswalk, etc.

Nevertheless, if the defendant neglected this and entered the crosswalk without being able to protective left-hand turn on the green signal of the front side of the road, the defendant sent the victim C (the 74 years old) who crosses the crosswalk to the left-hand side from the right-hand side of the right-hand side of the road to the front part of the above van, and the victim exceeded the road.

As a result, the Defendant suffered from the above occupational negligence that caused approximately 12 weeks of treatment to the victim, i.e., a brush in front of the part of the entrance, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that no previous conviction exists and vehicles are covered by comprehensive insurance);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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