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(영문) 서울중앙지방법원 2021.03.11 2020고단8192
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a C-wing vehicle owned by the corporation B.

On October 3, 2020, the Defendant driven the above vehicle on October 3, 2020, and proceeded to turn to the left at the right from the new road between the E secondary school and the new one-lane from the E secondary school.

There are crosswalks where crossing-type signal apparatus is installed. In such cases, the driver of a motor vehicle has a duty of care to stop temporarily before the crosswalk in order not to obstruct the crossing of the pedestrian or endanger the pedestrian when the pedestrian passes the crosswalk, and if there is any person to prevent the accident, he/she has the duty of care to stop temporarily before the crosswalk.

Nevertheless, the defendant neglected and continued to turn to the left without neglecting it, and did not avoid the victim F (W, 58) who was a pedestrian green signal crossing, and did not have the victim F (W, 58). The defendant's front side of the vehicle was shocked on the left side of the victim's body.

As a result, the Defendant caused the victim by negligence in the course of business to suffer injuries, such as a variety of cages that require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (to hear statements of a victim);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The crime of this case on the ground of sentencing under Article 62(1) of the Act on the Suspension of Execution is an unfavorable condition to the Defendant, inasmuch as the Defendant, while driving a vehicle, sustained an injury to the victim who dried the crosswalk in accordance with the pedestrian signals, resulting in a violation of the duty of care for six weeks, and the degree of injury suffered by the victim is serious.

However, the fact that the defendant recognized his mistake and is in profoundly against the victim, and that he agreed with the victim.

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