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(영문) 서울북부지방법원 2018.09.06 2018고단2892
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On June 19, 2018, at around 10:35, the Defendant: (a) committed an act of violating the duty of the front direction from among the left-hand turn to the right-hand side of the victim C (84 tax) who crosses the crosswalk on the right-hand side of the said passenger vehicle to the right-hand side of the victim C (84 tax) who crosses the crosswalk where signal lights are installed to the right-hand side of the said passenger vehicle in the front side of the said passenger vehicle, at around 357 Chang-dong, Dobong-gu, Dobong-gu, Seoul Metropolitan Government.

Accordingly, the Defendant suffered injury to the victim, such as a pelvis franchising, which requires about 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on a traffic accident, a survey report on actual condition (1), and (2);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] Article 62(1) of the Act on the Punishment of Traffic Accidents No. 1 (in case of traffic accidents), the mitigation area (one month to eight months), [special mitigated persons] the degree of damage to the victim caused by the instant accident (including efforts to recover damage), the degree of damage to the victim is important, and the crosswalk is a space where pedestrian safety is absolutely to be protected. The defendant who scam the crosswalk under the pedestrian signals must choose a sentence of imprisonment without prison labor for the defendant who scambling the victim.

It is doubtful whether the victim can recover the health condition before the accident of this case even after the age of the victim, but it seems that the vehicles operated by the defendant are covered by comprehensive insurance, and the speed of the vehicle at the time of shock has not been relatively rapid, and the defendant is the victim.

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