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(영문) 서울서부지방법원 2017.07.12 2017고단973
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 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 the operation of W125EX2 Oba.

On December 29, 2016, around 20:55, the Defendant driven the front road of Mapo-gu Seoul Metropolitan Government Daba, and driven the front road along the same intersection from the west of the new village along the four-lanes from the same intersection.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the right and the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected to drive while walking the victim E (67) who walked to the port from the right side of the direction of the direction of the Otoba, and brought the victim E (67) into the front wheels of the above Otoba.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion under the center of the head in need of approximately six weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A medical certificate;

1. Application of traffic accident reports, investigation reports, and Acts and subordinate statutes governing the scene photographs of the accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62(1) of the Act on the Suspension of Execution [this case’s accident scene is not installed at a crosswalk and the road from which the passage of the vehicle is frequent, and thus, it was impossible for the victim to expect to cross without permission.

The argument is asserted.

However, according to the records, although the victim is deemed to have been crossinged without permission, it is not entirely impossible for pedestrians to be able to remain up at the right side of the road in the direction of the accident because the bus stops at the center of the accident site and there is no pentice between India and the roadway. Although at the time of the accident, at the night, the bus stops are located on the left side of the road in the direction of the accident.

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