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(영문) 창원지방법원 마산지원 2020.05.19 2020고단249

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a BMW car.

On January 23, 2020, the Defendant driven the above vehicle at around 07:00, while driving the vehicle, and led the front road in Changwon-si C, Changwon-si, Changwon-si, to go straight from D to E-section.

Since there is a place where a crosswalk without signal lights is installed, in such cases, the driver of the vehicle has a duty of care to prevent accidents in advance, such as driving, etc. after checking whether the driver of the vehicle is a pedestrian by temporarily stopping in front of the crosswalk and checking whether there is a pedestrian.

Nevertheless, due to negligence of neglecting this, the body of the victim F, which was a building of the above crosswalk on the right side from the left side of the direction of the defendant's proceeding, was shocked in front of the left side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, i.e., an injury, such as an external wound, where there is no two inner sufferings in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An investigation report (not preparing a statement of a victim);

1. Medical certificates and medical statements (whether serious injury is involved);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person who is a person) caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, reduction area of punishment and imprisonment without prison labor for one month to eight months;

3. Gu type of inspection: