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(영문) 창원지방법원통영지원 2020.09.17 2020고단194

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 who is engaged in driving a car in a SP area B.

On December 5, 2019, the Defendant passed the front road D in Sinyoung City, through Empt Embryp, along the F hotel room from the Embryp, along the one-lane one-lane.

Since there is a crosswalk installed in the front of the road, in such a case, when a pedestrian passes the crosswalk by reducing the speed of the driver of the motor vehicle and taking into account well the right and the right of the driver of the motor vehicle, the driver of the motor vehicle had the duty of care to temporarily stop in front of the crosswalk.

Nevertheless, due to the negligence of neglecting this, the Defendant brought the Victim G (Nam, 10 years old) who passed the crosswalk to the right side from the left side of the direction of the Defendant's proceeding to the front part of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a felone-day therapy, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of one medical certificate of injury and one medical certificate;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: A sentence of imprisonment without prison labor for April, a suspended sentence of one year; the details leading to the crime of this case; the extent of damage resulting therefrom; and the defendant's side of the victim does not want the punishment of the defendant; and the defendant shall be subject to previous criminal punishment.