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(영문) 서울서부지방법원 2016.11.24 2016고단2791
교통사고처리특례법위반(치상)
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

The Defendant is a person who drives a FF 21-person passenger vehicle.

On August 19, 2016, the Defendant driving the above van on the 22:35th day of August, 2016, and driving the three-lane road in front of Mapo-gu Seoul Metropolitan Government G at a speed of about 10km, depending on the two-lanes of the above road, from the breadth of the telewon post office distance.

Since the location is installed a three-dimensional signal and crosswalk, the person engaged in driving service shall drive according to the traffic signal, and when pedestrians are passing the crosswalk, they have a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of pedestrians.

Nevertheless, the "27 years old in indictment" of the victim H (n, 29 years old) who was walking along the crosswalk by the green signal of the crosswalk at the right side of the road due to negligence in violation of such duty of care, even though the ongoing signal was red, was sent back to the road by neglecting such duty of care.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the upper part of the left-hand body, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of H’s traffic accident;

1. A traffic accident report and a report on the occurrence of a traffic accident;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] general traffic accidents in general traffic accident area (eight to two years). The case where illegality in the category 1 (the injury of traffic accidents) is serious, or in the case of abnormal driving (other than the proviso of Article 3(2)(8) of the School Special Treatment Act).

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