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(영문) 서울북부지방법원 2020.07.23 2020고단481

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 one year 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 car in a SP area B.

On October 4, 2019, at around 11:25, the defendant made a left turn to the left at about five kilometers per hour from the Da apartment room to the Da apartment room.

Since there was a crosswalk at the front of that place, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a road to reduce speed and to see well the front door, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded along the crosswalk to the right side of the victim E (the age of 88) who crossed the crosswalk from the left side of the Defendant’s running direction to the right side, taken the front side of the Defendant’s passenger car, and imposed on the part of the victim’s bridge going beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of the mouth, to the right-hand end, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a scene scene immediately after an accident, B motor vehicle records, images of the B motor vehicle records, and black boxes, and a report on investigation (verification of the victim's condition and the intention of agreement);

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1) and the proviso to Article 3 (2) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1] and the factors to mitigate the bodily injury (the specially sponed person] of traffic accidents: Reduction area of punishment (including efforts to recover the damage), reduction area (including the recommended area and recommendation range), reduction area, and January through August of the credit cooperative;

3. Determination of sentence: Six months of imprisonment without prison labor, one year of suspension of execution, the degree of injury to a victim;