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(영문) 의정부지방법원 2021.01.27 2020고단4797

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 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 of a private taxi BK7.

On Aug. 15, 2020, the defendant, at around 05:50 on Aug. 15, 2020, continued to turn to the left at the right turn, leading to the three-lane distance from the right side of the Guri Police Station at the right side.

At the same time, there was a signal for vehicles and pedestrians at the front door, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant did not discover the victim D (the 72 years old) who was a pedestrian at the crosswalk pursuant to the Mad pedestrian signals by negligence in violation of the signal signal, but did not find the victim D (the 72 years old), which was a left-hand turn in contravention of the signal, and did so by shocking the damaged part to the front part of the right-hand part of the Defendant driving vehicle.

As a result, the Defendant suffered from the victim’s saves that need approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. The application of Acts and subordinate statutes to the investigation report (verification of video recording devices for vehicles) by the police report on the police statement protocol by the defendant's legal statement D, each traffic accident report and the investigation report;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident injury [type 1] the person causing a traffic accident (special sentencing person] - The factors to mitigate the punishment (including serious efforts to recover damage): In cases where the illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the scope of recommended and recommended] basic area, from 4 months to 1 year.3.