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(영문) 서울북부지방법원 2018.08.23 2018고단2535
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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-II cargo vehicle.

On June 9, 2018, the Defendant driven the above cargo vehicle around 05:25, and moved the front intersection of the Seoul Western-gu C in the middle direction to the long distance outflow from the middle direction of the city.

Since there is an intersection where a crosswalk with signal lights is installed, there was a duty of care to prevent accidents, such as complying with signals to the person engaged in the driving of the motor vehicle and care for the person walking the crosswalk well, etc.

Nevertheless, if the Defendant neglected it and neglected it, the Defendant left the left side of the victim D (the age of 76) who walked on the green, etc. of the crosswalk on the left side from the right side of the crosswalk to the left side of the crosswalk, and caused the victim to go beyond the floor by shocking it into the right side of the above cargo of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the 1st century, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of statutes on site photographs;

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 selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] is the basic area (4 months to 1 years) (the person subject to special mitigation)] / Where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act is serious (including a serious effort to recover damage) / The crosswalk is a section where the safety of pedestrians should be absolutely guaranteed. The defendant caused a traffic accident against a pedestrian crossing the road in line with his/her signals.

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