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(영문) 의정부지방법원 2020.09.23 2020고단1711

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CB115 Oba.

On March 13, 2020, the Defendant driven the above Oarba on March 13, 2020, and proceeded from the D apartment room to the Embathic speed, depending on three lanes of three lanes in front of the Namyang-si, Namyang-si.

At that time, the signal apparatus and crosswalk are installed, so there was a duty of care to prevent accidents in advance by safely driving the signal apparatus in accordance with the signals instructed by the signal apparatus after checking whether a person engaged in driving a motor vehicle is a person who gets on the front door, complying with the traffic signal, and checking whether a person is a person who gets on the crosswalk.

Nevertheless, the Defendant neglected to do so and, due to the negligence of entering the crosswalk in contravention of the front-side red signal signal, shocked the left part of the victim F (M, 49 years old) who dried the crosswalk to the port from the right side of the direction of the road, according to the pedestrian signals.

Ultimately, the Defendant suffered injury to the above victim, such as T1 and T12, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. A written statement of the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, records of accident, site photographs, field maps, and photographs;

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;

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 recommendations 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 serious efforts to recover the damage) - the aggravation element: the traffic accident special cases.