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(영문) 서울북부지방법원 2018.11.29 2018고단4144
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle C in a rabal car.

On July 12, 2018, the Defendant driven the above vehicle on July 14:55, 2018, and proceeded from the gate of the 1st apartment entrance of the Seocho-gu Seoul Metropolitan Government Maro 684-9 to the intersection distance outflow.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a way to see the front door and the left and right, and to drive safely.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (at the age of 54) who was standing a crosswalk from the right side of the Defendant's proceeding to the left side, and received the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim from blood transfusion under the external wound which had no open room for the number of days of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the status of a victim and main pages of CCTV images);

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) and proviso of Article 3(2)6 of the Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without labor [the scope of recommendation] the basic area (4 months to 1 year) (no person subject to special sentencing) in the category 1 (the scope of traffic accident) (the scope of recommendation] of the type of general traffic accident [the decision of sentence] of crosswalk is a space where pedestrian safety should be absolutely guaranteed. The defendant did not discover the victim who dried the crosswalk, and caused the collision as they were.

In the case of the traffic accident of this case, the victim received two head operations, and we need to observe the progress in the future, and in addition, the victim's injury, such as cage cages, which require approximately four weeks of treatment, is also an injury.

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