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(영문) 서울북부지방법원 2019.01.10 2018고단4125
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in Coinado sports car.

On August 27, 2018, the Defendant driven the above vehicle at around 08:58, while driving the said vehicle, the three-lanes of the three-lane road in front of Dobong-gu Seoul Metropolitan City C, were proceeding from the right side of the west Police Station to the shooting distance of the Dobong Police Station from the right side of the front intersection. In such cases, there is an intersection where a signal, etc. is installed at the right side of the front intersection, and therefore, in such a case, the driver of the vehicle neglected his/her duty of care to observe the traffic signal, to keep the front intersection and the right and the right, while neglecting his/her duty of care to safely proceed with it, due to the negligence of neglecting the operation of the vehicle, neglecting the operation of the vehicle, neglecting the victim D (W, 31 years old) who walked the crosswalk pursuant to the pedestrian signals, and shocked the victim with the front part of the said vehicle.

As a result, the defendant suffered from the above occupational negligence that caused the victim to suffer from a sudden depression in need of approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. The actual condition survey report;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Traffic Accidents (Aggravated Punishment) No. 1 area (A. 4-1 year), the basic area (A. 4-1 year) (including specially mitigated persons), the penal non-won (including serious efforts to recover from damage), and the case where illegality in the proviso of Article 3(2) (excluding the proviso) of the Special School Act (a. 8), the crosswalk is an area where pedestrian safety should be absolutely guaranteed. The defendant tried to pass through the crosswalk in violation of signal.

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