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(영문) 서울북부지방법원 2012.10.18 2012고단2086
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a studal vehicle B.

On June 25, 2012, the defendant, around 14:50 on June 25, 2012, had a one-lane road, front of the entrance of the 808 East-dong, Dobong-gu, Dobong-gu, Seoul, run toward the management office of the East-si apartment from the rear side of the two apartments.

At the time, there is a lot of view for people's traffic, and the surrounding areas are apartment complexes, elementary schools, and high schools, and a crosswalk without any signal is installed in the front, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, by negligence of neglecting the duty of care on the front side of the defendant's running direction, the defendant got the victim C (the fourth-year old) to her right side of the above knife on the right side of the knife.

The Defendant suffered from the above occupational negligence the injury of the victim, such as the escape from the joints of the right blue blue, which requires approximately ten weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An investigation report (to hear a victim's father's telephone statement);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and (2) proviso of Article 3(6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act [Application of the Sentencing] : The scope of the sentence of recommendation and punishment for Category I (Bodily Injury resulting from Traffic Accidents): From April to October (Basic Area) among general traffic accidents: There is no history of criminal punishment - there is no aggravated element - Where serious injury, other than serious injury, has occurred, or where the defendant falls under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: The duty of protection of pedestrians.

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