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(영문) 서울북부지방법원 2019.07.11 2019고단1734
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 Obane.

Around 15:55 on March 9, 2019, the Defendant driven the above Odba, and continued the intersection of the Dobong Station in front of the 851, Dobong-gu Seoul Metropolitan Government, Dobong-gu, Dobong-ro, to the Doning basin from the Dowing River basin to the Doning basin.

At that time, the signal lights and crosswalks are installed, so the driver had a duty of care to prevent accidents by safely driving the driver according to the direction of the signals.

Nevertheless, the defendant neglected this and proceeded to turn to the left, while the defendant was faced with the body part of the victim C(73 years old) who dried the crosswalk according to the walk signal, and received the front part of the lower part of the lower part.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as revolving the left-hand shoulder, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Investigation report (Reports on the current health conditions of victims C);

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning an accident site photograph and closure output;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The case where illegality in the area of increase (eight months to two years) in the first category of general traffic accidents (excluding those under special circumstances) (eight months to two years) (excluding those under special circumstances) in accordance with the proviso (excluding subparagraph 8) of Article 3 (2) of the Specialized School Act, or the case of climatic driving according to the sentencing guidelines; and

2. The defendant who has sentenced his/her sentence shall be sentenced to a traffic accident resulting from the driver's negligence of driving a motor vehicle in violation of signals and the duty to protect pedestrians in a crosswalk, leading the victim to the shocking of the victim who has dried the crosswalk pursuant to the pedestrian signals.

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