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(영문) 서울서부지방법원 2020.09.17 2020고단1455
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motorcycle WW 125, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On February 29, 2020, the Defendant driven the above motorcycle on February 23:15, 2020, and continued the intersection of Eunpyeong-gu Seoul Metropolitan Government D in front of it to the Gusan basin from the head of the Simsan Station.

At the time, a crosswalk is installed at night and at the front, so even if a person engaged in driving service proceeds in accordance with the signal apparatus signals, he/she had a duty of care to properly manipulate the steering direction and brake system of the vehicle and prevent the accident from occurring.

Nevertheless, due to the negligence of neglecting this, the defendant neglected to view the front side, and continuously proceeded, found the victim B (the age of 43) who is a pedestrian crossing without permission according to the crosswalk, which was the right-hand signal from the left-hand side of the defendant's running direction, late later, and shocked the victim by the front side of the above motorcycle.

As a result, the Defendant suffered injury to the victim, such as the two fluor, the right fluor, the right fluor, and the right fluor, which require treatment for about six weeks due to such occupational negligence.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of a motorcycle as stated in the preceding paragraph, and drive the said motorcycle which is not covered by mandatory insurance at the same time and place as stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory screen of the actual condition survey report;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act are two crimes.

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