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(영문) 청주지방법원 2020.05.29 2019고단2631

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 the duty of driving B taxi vehicles.

On October 31, 2019, the Defendant driven the front road of the Cheongju-si, Cheongju-si, Cheongju-si, and led to the direction from the side of the D Building to the E pharmacy.

At each place, crosswalks are installed, and the driver of a motor vehicle has a duty of care to prevent accidents by safely manipulating the steering gear and brakes so that pedestrians can easily see whether there are pedestrians.

Nevertheless, the defendant neglected this and did not discover the victim F who dried the above crosswalk, and caused the victim to shock the front part of the defendant vehicle.

As a result, the Defendant suffered injury to the victim due to occupational negligence, such as the closure of the left-hand gate, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act.

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence are the primary offenders, the defendant agreed with the victim after prosecution, the fact that the defendant recognizes the crime of this case and does not repeat the crime in the future and lives faithfully, and other conditions of sentencing such as the age, character and conduct, environment and motive of the crime shall be determined as ordered in consideration of the overall conditions of sentencing.