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(영문) 서울서부지방법원 2017.10.12 2017고단1354
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 math car.

On April 9, 2017, the Defendant driven the above vehicle at around 21:55, while driving the vehicle along the two-lanes in the direction of the new communication in the direction of search for the three-lanes in front of Eunpyeong-gu Seoul, Seoul, the Defendant received the victim D (V, 63 years old) who was walking on the crosswalk due to the occupational negligence of having entered the crosswalk by violating the signal, and was in the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as sleeping the sleep in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 258 of the Criminal Act, and the

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act) (Article 1) (Article 3(1)-1) (Article 3(2) proviso (excluding Article 3(8) of the Act) (Article 3(2) proviso (Article 3(2) of the Act on the Special Cases of the Union (Article 3(1)) (Article 62(1) of the Act on the Suspension of Execution shall be determined as the disposition of the sentence in consideration of the following conditions of sentencing as indicated in the instant report and changes, such as the Defendant’s age, sex, family, family environment, motive

D. Unfavorable circumstances: The negligence of the defendant who has drieded the victim of the crosswalk in the pedestrian crossing; the circumstances favorable to the victim's significant injuries: the defendant's mistake is recognized; the primary offender is the primary offender; the fact that the victim has agreed with the victim; and the comprehensive motor vehicle insurance is covered.

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