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(영문) 서울서부지방법원 2020.02.06 2019고단3814
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the NBC110CF.

On September 22:45, 2019, the Defendant driven the above oba, leading to the direction of the obabababa in the direction of the obabbabba in two lanes between five lanes in front of Mapo-gu Seoul Metropolitan Government (including the central lane for bus exclusive) and two lanes in front of Mapo-gu.

At the time, a crosswalk is installed at night and a signal apparatus was installed on the front door, so in such cases, the person engaged in driving service had the duty of care to stop in front of the crosswalk when the pedestrian passes the crosswalk, and the pedestrian had the duty of care to protect the pedestrian.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the road by shocking the right side part of the victim D (the age of 30) who crosses the crosswalk from the left side of the road to the right side of the road due to the negligence of entering the crosswalk by failing to do so.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that there is no previous conviction other than fine and the fact that vehicles are covered by comprehensive insurance);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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