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(영문) 서울서부지방법원 2018.01.11 2017고단3328
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 driving vehicles of C Spospos.

On October 17, 2017, around 09:30 on October 17, 2017, the Defendant made the front road of Eunpyeong-gu Seoul Metropolitan Government D to turn to the left at the entrance of the parking lot for the lifelong post office.

In this case, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service has a way to reduce speed and by checking well the right and the right of the road, and driving safely.

Nevertheless, the Defendant neglected this and discovered the victim E (the age of 75) crossing the above crosswalk without stopping it temporarily on the crosswalk, but did not avoid the situation, and did so, caused the victim to go beyond the floor by shocking the victim's body and bridge in front of the above vehicle and shocking the victim's body and bridge beyond the floor, and suffered injury, such as cutting down the top-down of the left-hand body for about 12 weeks to the left-hand side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendations according to the sentencing guidelines] O general traffic accidents in the basic area (including April to one year) of the type 1 (the injury by traffic accidents): In a case where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act (excluding efforts to recover damage) of the Act is serious (the decision of sentencing] in a case where the defendant neglected to take the front direction, thereby facing the damaged party crossing the crosswalk, and the safety of pedestrians crossing the crosswalk should be protected. Thus, the defendant's duty of care related to the crime of this case shall be exercised.

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