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(영문) 서울북부지방법원 2018.05.10 2018고단877
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 is engaged in driving a low-speed car.

On February 9, 2018, the Defendant driven the above vehicle around 19:00, and led the front road of Dobong-gu Seoul Metropolitan Government C to the right-hand left-hand turn at the right-hand right-hand and right-hand side of the definition in the front intersection distance of sublime and sublime.

Since the place was a road on which crosswalks are installed, there was a duty of care to prevent accidents, such as driving of a motor vehicle after checking whether there is a pedestrian by reducing speed and driving the front left and right right of the motor vehicle.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and caused the victim D (62 3,00) who walked on the crosswalk by negligence in the course of duty, and brought the victim D with the defendant's driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the escape of the mouth of the Bridge, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 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 the selection of imprisonment without prison labor;

1. Consideration, such as the fact that a person was negligent in neglecting his/her duty of care prior to the reason for sentencing under Article 62(1) of the Criminal Act, and the degree of injury to the victim is not less than that of the victim, the fact that there is no criminal punishment exceeding the fine, the fact that the person was subscribed to a comprehensive motor vehicle insurance, and the fact that the person

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