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(영문) 서울중앙지방법원 2018.03.07 2018고단124
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a CA car.

On December 14, 2017, the Defendant driven the above vehicle at around 08:05, and continued to move the front road of Seocho-gu Seoul Metropolitan Government C to the right-hand side of a road that is not divided into three lanes towards the entrance and exit of the bank from the edge of the river basin.

In such cases, when a person engaged in driving of a motor vehicle reduces speed to a person engaged in driving of a motor vehicle, well sees his/her right on the front side, and pedestrians are travelling along a crosswalk, he/she had a duty of care to temporarily stop in front of the crosswalk to prevent accidents by driving the motor vehicle after

Nevertheless, the Defendant neglected this and got the victim D (the age of 74) to cross the crosswalk, but did not stop in front of the crosswalks, and the Defendant was negligent in driving the crosswalks and got the victim to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of a ductal surgery, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. One and two traffic accidents reports;

1. A written statement on the occurrence of each traffic accident;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] The mitigated area (one month to eight months) of Class 1 of the General Traffic Accidents (the person subject to special mitigation] [including efforts to recover damage] the defendant's decision of sentencing] who is not subject to punishment (including efforts to recover damage] [the defendant's decision of sentencing] due to the defendant's breach of pedestrian duty of care of the crosswalk and caused serious injury to the victim on the crosswalk. The defendant's gross negligence and the result of damage are disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects the crime, is the first offender.

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