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(영문) 수원지방법원 안양지원 2014.06.12 2014고단416
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2014, at around 05:54, the Defendant driven a rocketing car and proceeded along four lanes in front of the ancient Mando-dong Gyeongcheon-do along four lanes, according to the ancient Mando-dong Gyeongcheon-do Gyeongcheon-do Gyeongcheon-do, and led to the right-hand bypass from the inside of the library.

However, since a crosswalk has been installed at this place, there was a duty of care to prevent accidents by checking whether a person engaged in driving service is a pedestrian by temporarily stopping the pedestrian, and continuing to stop the accident.

Nevertheless, the Defendant did not discover the victim D (the age of 59) with the right side of the crosswalks from the right side of the road according to the pedestrian signal due to the negligence of neglecting the above duty of care, and did not discover the victim D (the age of 59) with the left side side of the victim's motor vehicle driver, and suffered a pressure pressure of the victim No. 12, which requires about 12 weeks medical treatment due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations: A person who is in a special area (from August to June) increasing the number of traffic accidents in the first category (the injury resulting from traffic accidents) from August to June of a year and June of a credit cooperative: Where a serious injury has occurred (type 1);

2. Although the defendant who was sentenced to punishment caused the instant traffic accident by violating the duty to protect pedestrians in the crosswalk and thereby caused serious injury to the victim, the insurance money was paid to the victim through the comprehensive insurance in which the defendant was admitted, the defendant deposited 2 million won for the victim, the defendant did not have criminal records exceeding the fine, the defendant is aged and against the defendant, and the defendant is detained.

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