(영문) 청주지방법원 2015.04.17 2014고단1899

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(영문) 청주지방법원 2015.04.17 2014고단1899

교통사고처리특례법위반

Text

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

However, 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 engaging in driving a Cbee or a car.

On July 4, 2014, the Defendant driven the said car at around 18:20, and moved the front intersection of the E, which is located in the Heung-gu Seoul metropolitan city, to the boundary of the Seoul Arts Center from the shooting distance.

Since there was a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving a motor vehicle by reducing speed and keeping the front door and the right and the right on the road well.

Nevertheless, the Defendant neglected this and judged that there is insufficient evidence to acknowledge the fact that the accident occurred on the crosswalk near the crosswalk near the crosswalk in question by neglecting it and neglecting it and neglecting the right and the right and the right and the right are by negligence, and instead bypassing it. However, even if the causes of the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents competes with each other, it is established a single violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and there is no separate crime from each other (see, e.g., Supreme Court Decision 2011Do3630, Jul. 28, 2011). Accordingly, the Defendant did not render a judgment of not guilty on the part of the victim F (the 65 years old) crossing the victim F, who was the front part of the said vehicle in front part of the said vehicle.

The Defendant suffered injury to the victim of the above occupational negligence during approximately 12 weeks of pulverization of 12 chest pulverization that requires treatment.

Summary of Evidence

1. Legal statement of witness F;

1. Recording recording (No. 27 of the evidence list);

1. Emergency medical services log;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 of the Criminal Act:

참조조문

참조판례

-대법원 2011. 7. 28. 선고 2011도3630 판결

유사 판례

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