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(영문) 서울북부지방법원 2018.04.05 2018고단386
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of 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 driving a B-II cargo vehicle.

On December 29, 2017, the Defendant driven an above cargo vehicle on December 15:00, and transferred the front road of Seongbuk-gu Seoul to the Gyeongdong High School from the side of the Samdong church.

Since the place is an intersection where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person driving a motor vehicle is walking the crosswalk by reducing the speed of the motor vehicle and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front wheels of the above cargo vehicle of the Defendant, who opened the crosswalk from the right-hand side of the Roman course to the left-hand side of the crosswalk pursuant to the pedestrian signals.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the part on the left-hand side, which requires approximately eight weeks medical treatment, i.e., the upper part on the upper-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on occurrence of traffic accidents;

1. Reporting on the occurrence of a traffic accident, and reporting on a traffic accident (1) and (2);

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (referring to cases of attaching photographs, such as accident images);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Social Service Order and the order to attend a lecture, and the order to attend a lecture, there is no basic area ( April to one year) (the person who is subject to special sentencing] [the sentence] [the crosswalk is for pedestrians, and pedestrians should be absolutely protected within the crosswalk.

The victim of this case is waiting in the crosswalk, and the road is in accordance with the pedestrian signals, such as signals, installed in the crosswalk.

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