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(영문) 서울북부지방법원 2019.02.19 2019고단48
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On November 12, 2018, the Defendant driven the above vehicle around 19:04, and moved to the right bypassing the 86 Hancheon-gu Seoul Special Metropolitan City Nowon-gu's 86 Hancheon-gu from the Hancheon-gu's bank.

Since a crosswalk is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to check the right and the right of the road well and to drive safely.

Nevertheless, due to the negligence of neglecting this, the part of the victim C (the age of 66)'s left buckbucks on the left hand side of the vehicle driving direction of the defendant's vehicle. The part of the victim C (the age of 66) was shocked into the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the internal side rupture in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident by a victim (or his/her children);

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3(1), proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommending punishment] and Article 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents [Article 3(1) and proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents]. A crosswalk has no basic area (4-1 year) [the decision of sentencing] [the decision of sentencing]. The crosswalk is a space where pedestrian safety should be absolutely guaranteed. At the time, the victim, who was waiting for the crosswalk even after the pedestrian signal turns, caused the accident of this case to the wind that intrudes on the crosswalk without disregarding the pedestrian signal, and the victim caused the accident of this case as a pedestrian.

. The victim.

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