(영문) 서울북부지방법원 2019.03.28 2018고단5320

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(영문) 서울북부지방법원 2019.03.28 2018고단5320

교통사고처리특례법위반(치상)

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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 a B-to-car.

On August 11, 2018, the Defendant, around 14:40, was driving ahead of the age club C in Gangseo-gu Seoul, Gangnam-gu, Seoul, at an irregular speed from the underground parking lot of the age club in the direction of the sub-section.

Since a crosswalk is installed on the front side, it is confirmed whether a person engaged in driving a motor vehicle has a road by properly checking the front side and the left and right of the motor vehicle, and if there is a person, the crosswalk shall proceed in a manner that does not impede the passage of the motor vehicle, and the driver has a duty of care to prevent the accident in advance by accurately manipulating the steering gear and brake system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and caused the victims to go beyond the ground on the front side of the Defendant’s driving vehicle, instead of avoiding the victim D(W, 43 years old, 45 years old, 45 years old, 13 years old, 13 years old, and 13 years old, by the negligence that the vehicle behind the vehicle following the vehicle moving to the road at the underground parking lot of the age club and followed the accelerator.

Ultimately, the Defendant caused the victim D’s injury by occupational negligence, such as 12 weeks of medical treatment, including the right slots, which requires a 12-day medical treatment to the victim D, the victim E, including the 1-2-month unstable emissions, and the victim F, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each written statement of E and G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act, the provisions of Articles 40 and 50 of the Criminal Act, and the punishment;

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