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(영문) 서울북부지방법원 2019.01.24 2018고단4069
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a proxy driver, who is engaged in driving service of the CSP car at the request of the borrower.

On July 27, 2018, the Defendant driven the above car on July 27, 2018, and directed the front road of the E Bank located in Seongbuk-gu Seoul Metropolitan Government D at a speed of about 55 kilometers per hour, depending on the two-lane road in the direction of the Jyung market in the direction of the Jyung market.

At the front of the road, the crosswalks are installed, and the yellow light is on-and-off to the vehicle signal, etc. on the front of the direction. In such a case, when pedestrians are crossing the crosswalk, the driver of all vehicles has a duty of care to make pedestrians safely cross the crosswalk by temporarily stopping in front of the crosswalk so as not to obstruct the passage of pedestrians or endanger them.

Nevertheless, the defendant, by negligence in violation of this, shocked from the left side of the driving direction of the car in question to the right side of the victim F (the age of 62) who opened the crosswalk in which the pedestrian signal, etc. was cut off to the right side of the road.

Ultimately, the Defendant caused the victim to suffer from the above occupational negligence in an open room for treatment between approximately eight weeks, such as a wound-free prophion, which does not have any address.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by G and H;

1. A traffic accident report (1), 2 (2);

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigative reports (afix photographs, such as accident images);

1. Article 3(1) and 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 reason for sentencing of imprisonment without prison labor [Scope of Recommendation] types 1 (Bodily Injury resulting from Traffic Accidents) and there is no basic area (four to one year) (four to one year), and crosswalks (decision of sentence]. The pedestrian safety is absolute.

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