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(영문) 서울중앙지방법원 2017.06.23 2017고단1846
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 a period of two years 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 two-wheeled automobile in C'GND DINK 125'(124c).

On February 13, 2017, the Defendant driven the above two-wheeled vehicle, and moved the crosswalk “new history distance” located in 406, Jung-gu, Seoul, Jung-gu, to a “fluoring distance” page from the “fluoring distance of the Road Traffic Authority” to a “fluoring distance of the Road Traffic Authority.”

In this case, the driver of the motor vehicle has a duty of care to temporarily stop the motor vehicle and prevent the accident by safely driving the motor vehicle due to the reason that there is a pedestrian who is driving the motor vehicle to reduce speed, take the right and right of the motor vehicle well, and walk the crosswalk, and the motor vehicle has a duty of care to prevent the accident in advance.

Nevertheless, while the Defendant neglected to do so and did not discover the victim D (24 tax) who was crossing the left side of the Defendant’s vehicle according to the walk on the right side of the Defendant’s vehicle in accordance with the direction of the right side of the Defendant’s vehicle, and the front wheels part of the Defendant’s vehicle went beyond the victim’s left side bridge.

Accordingly, the Defendant suffered injury to the victim by occupational negligence, such as the “alleys and shuttles of heavy sects,” which requires approximately nine weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

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

1. Each written diagnosis on D;

1. Application of Acts and subordinate statutes to a CCTV image closure (Analysis of traffic conditions);

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 concerning criminal facts;

1. Selection of imprisonment without prison labor (the degree of negligence of the defendant, the degree of injury of the victim, the vehicle driven by the defendant is considered to be hard to compensate for damage sufficient to the victim because it has been subscribed only to liability insurance, and the victim is still.

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