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(영문) 춘천지방법원 원주지원 2019.10.02 2019고단631

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for eight 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 the Category B SP car.

On April 29, 2019, the Defendant driven the above vehicle on April 20:42, 2019, and moved the intersection of the distance of 267 South Shinju City to Cpence from the shooting distance bank at the Namwon Middle School to the uneasible speed.

Since the location has a crosswalk where signal lights are installed, a person engaged in driving a motor vehicle has a duty of care to thoroughly reduce speed in advance and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and received the victim D (the age of 46) who was standing a crosswalk due to negligence going through the right-way before the right-hand, as the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body of the left-hand gate, which requires approximately 13 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual condition, an accident site photograph, and a diagnosis report;

1. Application of statutes concerning criminal records;

1. Article 3 (1), 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, Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant may be placed in the same department, and the crimes of this case are disadvantageous to the defendant, in light of the methods and results thereof, and there are no criminal records of the suspension of execution or more, but there are no criminal records of the defendant. However, since the vehicle operated by the defendant at the time of the traffic accident in this case was covered by the comprehensive motor vehicle insurance, it seems that considerable damage has been caused to the victim. A criminal agreement has been reached between the victim and the victim. The defendant is in depth of his mistake, and other factors are the motive and background of the crime in this case, the circumstances after the crime, the age, occupation and occupation of the defendant.