(영문) 서울남부지방법원 2018.05.31 2018고단125

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(영문) 서울남부지방법원 2018.05.31 2018고단125

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

On December 9, 2017, around 18:35, the Defendant had two lanes in front of the “D cafeteria” located in Geumcheon-gu Seoul Metropolitan Government, operated the EPD125 Obama along the two-lane distance from the long distance from the city interest.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a two-wheeled motor vehicle has a road to reduce the speed and to see well the right and the right and the right and the right of the two-wheeled motor vehicle, and to drive safely.

Nevertheless, the defendant neglected this and proceeded to the right side of the crosswalk in the right side of the victim F (n, 55 years old), which is the right side of the victim F (n, e.g., the 55 years old).

Ultimately, the Defendant suffered injury to the victim, such as cutting the upper part of the upper part of the upper part of the upper part of the body in need of approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents (1), (2) and reports on occurrence of traffic accidents;

1. A written statement;

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

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

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. The scope of the recommended punishment shall be the basic area (from April to one year) of the class 1 (the injury caused by traffic accidents) of the general traffic accident: None of the persons subject to special sentencing;

2. The fact that the sentence is a criminal initial offender, the defendant seems to have considerable economic difficulties in living like the defendant's age and divorced, and the liability insurance with the limit of KRW 20,000 is covered by the liability insurance with the limit of KRW 1,50,000, and the defendant's wife deposited KRW 3,50,000 for the victim is favorable to the defendant.

However, the victim escaped during the trial, and damages.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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