(영문) 창원지방법원 2014.04.15 2013고단2133

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(영문) 창원지방법원 2014.04.15 2013고단2133

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B New-Wood Motor Vehicle.

On April 8, 2013, the Defendant driving the said car on April 17:50, and driving the said car on a two-lane road in front of the tin salary elementary school, which is located in the Chyeong-ri in Kimhae-ri, Kimhae-si, at the speed of about 30km from the right side of the tin elementary school to the National Bank, depending on one lane.

At the time, the road was on which the crosswalk was installed, and the victim C (10 years of age) who is a pedestrian, is driving on the right side of the defendant's right side, so in such a case, the driver of the motor vehicle had a duty of care to temporarily stop in front of the crosswalk or the stop line so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the Defendant neglected to stop the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A traffic accident inspection report, accident vehicle, and on-site photograph;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. In light of the relevant legal provisions on criminal facts and the proviso of Article 3(1), Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, the reason for sentencing of the defendant, as to the punishment, are as follows: (a) an injury requiring medical treatment for about 15 weeks by shocking the victim walking along the crosswalk; and (b) the victim’s side who did not agree with or have not been able to obtain a letter of intent to punish the defendant, a sentence of imprisonment for a considerable period of time shall be imposed.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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