(영문) 서울중앙지방법원 2020.07.22 2020고단2576

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(영문) 서울중앙지방법원 2020.07.22 2020고단2576

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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-ro car.

On March 31, 2020, the Defendant driven the above car at around 16:55 on March 31, 2020, and proceeded from the e-road side of the front road located in Dongjak-gu Seoul Metropolitan Government, to the upper road.

At all times, a crosswalk without signal lights are installed on the front door. In such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected this and did not find out the victim F (F) who cross the crosswalk to the right side from the left side of the direction of the vehicle in the direction of the vehicle, and did not get the victim to go beyond the ground by having the victim go to the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of duplicating outside side, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. According to the reasoning for sentencing under Article 62(1) of the suspended sentence of the Criminal Act, the following facts are considered: (a) the victim does not want the punishment by mutual consent with the victim; (b) the victim gets to walk the crosswalk again and was trying to go back again; (c) the occurrence of the accident in this case occurred; (d) the defendant is an elderly person aged 67 years old; and (e) the confession of the crime in this case and reflects the depth thereof; and (e) the punishment shall be determined as per the disposition.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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