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(영문) 서울북부지방법원 2018.06.05 2018고단1509
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 low-speed car.

On January 20, 2018, the Defendant driven the above car at around 20:25, and tried to turn to the left at the left two-lanes of the front side of Seongbuk-gu Seoul Metropolitan Government C from the earthside to the five-lane apartment room.

At the time, crosswalks are installed on the front of the defendant's driving direction. In such a case, the driver had a duty of care to check whether there is a pedestrian by temporarily stopping in front of the crosswalks and to safely drive it.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and did not find out the victim D (I, 61 years old) who was standing on the right side of the Defendant’s proceeding with the right side, and received the victim’s bridge in front of the Defendant’s car.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence, resulting in the closure of the bridge following the need for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are heavy in violation of the duty to protect pedestrians in the crosswalk, the degree of injury to the victim is heavy, the primary crime is the primary crime, the fact that the automobile comprehensive insurance is subscribed to, the fact that the elderly's father and children are raised, the fact that the person raises children, the violation of the sentencing guidelines for traffic crimes, the scope of recommendation (basic area, April or year), the standards for suspended execution, etc. set forth in the sentencing guidelines for traffic crimes;

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