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(영문) 전주지방법원 2020.05.12 2019고단1197

교통사고처리특례법위반(치상)

Text

The punishment of a defendant shall be determined by a credit cooperative for four months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 14, 2019, the Defendant driven the said car on July 14:11, 2019, and moved to the intersection of the private distance of the Bulju station located in the 4th of the Jeonsan-gu Seoul Special Metropolitan City, Jeoncheon-gu., the Defendant moved to the right bypass from the west Bulsan Police Station.

At the time, there was a crosswalk where a signal, etc. was installed, so in such cases, it is confirmed whether a pedestrian passes the crosswalk by checking well the right and the right of the person engaged in driving the motor vehicle, and if a pedestrian passes by the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrian or endanger the safety of the pedestrian.

Nevertheless, when the defendant neglected to do so, he did not discover the victim C (79 years of age) who has dried the crosswalk in accordance with the pedestrian signal from the left side of the right side of the defendant's running direction, and did not have the victim C (79 years of age) left the right side of the victim's motor vehicle, shocking the front side of the victim's motor vehicle to go beyond the road.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body body felbs, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and applying Acts and subordinate statutes governing the scene of the accident;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Not more than five years of imprisonment without prison labor, the scope of punishment by law;

2. The scope of recommendations according to the sentencing guidelines [the range of recommendations] general traffic accident category I (the injury resulting from traffic accident) shall be reduced area (one month to eight months).