logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.10.10 2019고단3736
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

On June 15, 2019, at around 13:27, the Defendant operated the front road of Yangcheon-gu Seoul Metropolitan Government apartment zone from the Myeon to the h Dong Dong-dong as the National Assembly.

It is a children protection zone where a crosswalk with signal lights is installed. In such a case, a person engaged in driving a motor vehicle has a duty of care to observe the signal while keeping the front door and the left door well, and in particular, to safely operate the motor vehicle at the restricted speed and prevent the traffic accident in advance.

Nevertheless, the Defendant neglected to do so, while proceeding in violation of the vehicle stop signal at the crosswalk location without paying attention to the safety of children, and was placed on the right side of the victim D (the age of 11) crossinging a bicycle on the right side of the direction-hand side of the Defendant’s operation according to the pedestrian signal.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A survey report and an investigation report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act: The degree of illegality of the defendant's negligence, the father and degree of injury, the purchase of comprehensive automobile insurance, traffic offense and fine are not exceeded, and all the sentencing conditions stated in the arguments of this case, such as the cases of injury by traffic accident, the degree of illegality of the defendant's negligence, the side and degree of injury

It is so decided as per Disposition for the above reasons.

arrow