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(영문) 서울남부지방법원 2017.09.21 2017고단3452
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

On February 10, 2017, the Defendant driven the above car at around 21:30, and driven the front road in front of the head office of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan City 194, along a three-lane distance from the front school distance room of the new road, according to the two-lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to his/her signals and crosswalks by taking into account whether there is a pedestrian crossing.

Nevertheless, the defendant had the victim C (68 years old) who crosses the crosswalk on the right side of the motor vehicle in the front side of the motor vehicle with the highest motor vehicle in front of it, in accordance with the defendant's direction's direction-hand pedestrian signals due to the negligence that was driven by the pedestrian, although the signal of the direction is red and the pedestrian was crossed by the pedestrian's signals, and the pedestrian's walk over the victim.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as Dam cerebral Bribe damage, which does not have any open room for medical treatment for about 20 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to de facto survey reports, traffic accident-related photographs, diagnostic documents, suspect vehicle records, and photographs related to accident video and accident-related CDs;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Normal circumstances that are advantageous to the reasons for sentencing under Article 62 (1) of the Criminal Act: The first offender, the fact that the victim has agreed to do so, and the fact that the mistake has been divided; and

The defendant's negligence is serious as well as the degree of injury of the victim is serious because the victim who has dried the crosswalks for pedestrians.

0. The age, environment, background of the accident, degree of damage of the defendant.

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