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(영문) 서울동부지방법원 2019.09.19 2019고단1944
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor 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.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Grand Cross Trak Cargo Vehicle B.

On May 1, 2019, the Defendant driven the above cargo vehicle at around 16:45, and led the Cheongcheon-gu Seoul Seongdong-gu Seoul to turn to the left in the direction of king from the intersection to the king.

Since there are no signals, it is an intersection where a crosswalk is installed, in such a case, the driver of the vehicle has a duty of care to properly see the front side and the left side and the right side, to accurately operate the steering system, and to temporarily stop prior to the entry into the crosswalk, to prevent the accident in advance to check whether there is a pedestrian.

Nevertheless, the Defendant neglected to do so in the sound of mobile phone text messages, and caused the victims E (the age of 82) to go beyond the victim due to the shocking of the crosswalks, from the right-hand side of the crosswalk to the left-hand side.

Ultimately, due to the above occupational negligence, the Defendant suffered injury, such as an injury caused to the victim, such as an injury caused to the victim, with no one open within 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. A traffic accident report;

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 concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 1] and the injury (special-speed person] caused by traffic accidents: Reduction elements of punishment: Reduction area of punishment (agreement and recommendation range], reduction area, reduction area of punishment and imprisonment without prison labor for one month through eight months;

3. Determination of sentence: The duty to protect pedestrians who walk up the crosswalks for six months of imprisonment without prison labor and for one year of suspended execution;

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