(영문) 창원지방법원 2020.04.28 2019고단1074 (1)

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(영문) 창원지방법원 2020.04.28 2019고단1074 (1)

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 who is engaged in driving a B M& car.

At around 22:40 on January 25, 2019, the Defendant was straighted with the first line from the view view distance to the front road of the window C, Changwon-si, the front of which is the front road along the front line of the audience view distance to the front line of the audience view distance.

Since there is an intersection in which a crosswalk is installed, in such cases, if a pedestrian gets on the crosswalk by reducing the speed and taking well into account the surrounding areas, he/she has a duty of care to temporarily stop in front of the crosswalk, send the pedestrian first, check the safety of the pedestrian, and prevent the accident from spreading.

Nevertheless, the Defendant neglected to perform his duty of pedestrian protection and neglected to go on the left side of the crosswalk due to the negligence of violating the duty of pedestrian protection, and received the part of the victim D (the age of 28) who was crossing the crosswalk from the left side of the crosswalk as the front part of the Defendant’s vehicle.

After all, the Defendant suffered injury to the victim, such as the Maternal flasing of a 16-day therapy by negligence in the above business.

Summary of Evidence

1. Court statements and statements of the accused;

1. A written statement of the victim;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, the diagnosis report, and opinions;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration, such as the fact that a medical treatment has been provided with a comprehensive insurance, and that 36 million won has been provided with a civil agreement, and that

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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