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(영문) 의정부지방법원 2019.08.28 2019고단1983

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 a Grandroth.

On April 23, 2019, the Defendant driven the above van on April 13:37, 2019, and led the two-lane road in front of Macheon City to E.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether there is a person who gets a way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, due to the negligence of neglecting the stop signal and proceeding as it is, the victim F(66) was able to build the way to the right side on the left side by using the crosswalk in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as a pelvise, which requires approximately eight weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Accident video;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury by traffic accident [the special person] - the mitigation element: the mitigation element (including the serious effort to recover the damage) - the aggravation element: the case where the illegality in the proviso of Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy or the case of the dyscopic driving [the recommended area and the scope of recommendations] basic area, April to one year;

3. The defendant shall be sentenced to a sentence;