(영문) 부산지방법원 2014.09.19 2014고단4257

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(영문) 부산지방법원 2014.09.19 2014고단4257

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

On January 22, 2014, the Defendant driven a CBa car as C:30 as a job, and passed a two-lane one-lane road in front of the Doctrine-dong, Busan, through the direction of the Suwon Police Station in the direction of the Suwon Police Station, along the two-lane one-lane road in front of the Doctrine-dong, the Defendant passed the crosswalk with the indication of “astronomical” and the stop line without any signal apparatus.

In such a case, the driver of a vehicle has a duty of care to build a crosswalk or a road adjacent to the crosswalk prior to the entry of the crosswalk, and to drive the vehicle safely, and even if there was a duty of care to do so, the Defendant neglected to do so, and the Defendant was negligent in the course of his duties, and the victim D (the age 62) who was a victim's victim D (the age 62) who dried the said road from the right side to the left side, and suffered an injury, such as a closed trauma, which requires treatment between about eight weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (Attachment of photographs, such as a traffic accident site), and a criminal investigation report (Attachment to the major pages ofCCTV image);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Although there is a lack of evidence that the accident occurred in the crosswalk as seen later, the defendant's negligence is very large in light of the fact that at least the accident occurred in the crosswalks at least near the crosswalks.

Only liability insurance has been subscribed, and there is also a lack of measures to recover damage.

However, in consideration of the age of the accused and the fact that there are no criminal records to be particularly considered during the period, the term was set as above.

Especially, there seems to be no concern about escape or destruction of evidence, and the age of the defendant.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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