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(영문) 서울북부지방법원 2020.05.26 2020고단202
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 Obane.

On November 5, 2019, the Defendant driven the above Obama on the 18:28th day of November, 2019, and led the front road of Seoul Special Metropolitan City Nowon-gu to the E Hospital.

There are three-distance intersections where signal apparatus is installed, and crosswalks are installed in the front section, so in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the steering gear and brakes and safely driving them in order to confirm whether a person engaged in driving the motor vehicle is a person who is in charge of driving the motor vehicle well, complying with the signal, and building the crosswalks.

Nevertheless, the Defendant neglected this and did not properly confirm whether there is a person who gets a pedestrian crossing, and instead did so, received the victim F (the age of 68) who dried the crosswalk from the right side of the Defendant’s running direction to the left side according to the pedestrian signal by negligence and negligence, and received the above part of the victim F (the age of 68).

The Defendant suffered injury to the victim, such as NOS and closure, which require approximately eight weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accidents in G preparation;

1. A written opinion and a medical certificate;

1. The application of the actual survey report, traffic accident situation report, photographs, and CD-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The degree of negligence due to the violation of signal and the duty to protect pedestrians at crosswalks is serious, and the degree of injury to the victim is not minor;

A favorable condition: The victim does not want the punishment of the defendant, and the defendant is subject to criminal punishment exceeding the previous fine.

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