(영문) 창원지방법원 2014.05.30 2013고단774

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(영문) 창원지방법원 2014.05.30 2013고단774

교통사고처리특례법위반

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

Reasons

Punishment of the crime

At around 14:20 on January 8, 2013, the Defendant: (a) was a person who was driving an off-registration flad125 Obaba, and was driving the above Obaba, and was driving the above Obaba, and was driving in the direction of Samsung Elementary School from the side of the Gina Hospital to the later part of Samsung Elementary School.

Since the location is installed at a crosswalk without signal lights on the front side, there was a duty of care to check whether a person engaged in driving service is a person who gets on the front side and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and found the victim B (the 35 years of age, female) who was standing a crosswalk from the right side of the proceeding to the left side by his negligence, and was immediately stopped, but was sleeped, and was on the part of the victim's bridge on the ground of the above slurba.

Therefore, the defendant suffered injury, such as mination of flaps on the left side, which requires about 10 weeks of medical treatment, by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to a traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Accidentd vehicles and field photographs;

1. Relevant legal provisions and choice of punishment for facts constituting an offense subject to the law of the written diagnosis: considering the fact that the defendant is against the reason for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the fact that the damaged vehicle is subscribed to liability insurance, and the fact that there is no criminal record other than the punishment imposed once by a fine of KRW 3 million in favor of the defendant, even if considering the favorable consideration of the defendant, it is inevitable to sentence a considerable period of punishment in light of the fact that the victim violated the duty to protect pedestrians in the crosswalk, and that there is no specific effort to recover from damage even though

It is so decided as per Disposition for the above reasons.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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