(영문) 대전지방법원 2019.03.07 2018고단4460

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(영문) 대전지방법원 2019.03.07 2018고단4460

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 B-to-car.

On November 19:53, 2018, the Defendant driven the above car, and led the two-lane road in front of the Diplomatic Association in Daejeon Daejeon Daejeon to go straight along the two-lane road in the direction of the distance in Eup/Myeon from the direction of the Emp.

The location is an intersection where signal apparatus is installed, and the driver has a duty of care to check whether there is a pedestrian who gets a pedestrian to walk the crosswalk by reducing speed and checking well the right and the right and the right of the crosswalk, and to drive safely according to the signals.

Nevertheless, the Defendant neglected this, while disregarding and proceeding the red signal that is a stop signal in the direction of the proceeding, and caused the victim F who walked along the crosswalk by green signal to the right side from the left side of the running direction of the Defendant’s car to the right side of the Defendant’s car.

As a result, the Defendant suffered injury to the above victim, such as the right upper / lower she was in need of medical treatment for about 10 weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 3 (1), the 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, the selection of imprisonment without prison labor for an offense;

1. The punishment as set forth in the text shall be determined together with the following consideration: (a) the occurrence of the victim’s severe injury due to the instant traffic accident caused by the negligence of the defendant with the reason of sentencing under Article 62(1) of the Criminal Act; (b) unfavorable circumstances such as the degree of negligence of the defendant; (c) the agreement of the defendant with the victim; (d) the confession of the defendant

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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