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(영문) 서울북부지방법원 2018.02.22 2018고단47
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 the operation of the Lone Star Co., Ltd.

On December 12, 2017, the Defendant driven the above van on December 12, 2017, and moved the front road of the D pharmacy located in Seongbuk-gu Seoul Metropolitan Government to the backside of the entrance of the sexual female at the front of the D pharmacy in Seongbuk-gu, Seoul.

Since the place is a road on which a crosswalk is installed, in such cases, a person engaged in the driving of a motor vehicle has a duty of care to temporarily stop before entering the crosswalk, check whether there is a pedestrian, and accurately manipulate the steering direction and brake system, and prevent accidents.

Nevertheless, when the defendant neglected this and proceeded without properly examining the front bank, the victim E (the age of 81) who was the left-hand side from the right-hand side of the road in the direction of the proceeding according to the pedestrian signals was shocked in front of the left-hand side of the defendant.

As a result, the Defendant suffered injury to the victim, such as cutting off laverization of the upper part of the upper part of the upper part, which requires approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2), photographs of the CCTV images, photographs of the vehicle involved in the accident, photographs of the scene of the accident, and written statements and medical statements of the occurrence of the traffic accident;

1. Application of Acts and subordinate statutes to report internal accidents (the identification of signal relations at the time of an accident);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

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

1. The instant accident occurred due to the Defendant’s gross negligence with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, the victim suffered serious injury due to the instant accident, and the Defendant was punished for the same kind of crime in a disadvantageous manner. The Defendant recognized the instant criminal facts and reflected the mistake.

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