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(영문) 의정부지방법원 2021.01.13 2020고단3615

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 a period of 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 a car in the B SP area.

On May 15, 2020, the Defendant driven the said car from the “D cafeteria” streets located in Spocheon-si C around 19:00 on May 15, 202 to drive it according to one lane in the direction of Spocheon-dong Administrative Welfare Center in the direction of E.

In such a case, the driver of a motor vehicle is found to have no pedestrian crossing crossing, and it is confirmed whether the driver of a motor vehicle is a pedestrian crossing, and the driver of a motor vehicle temporarily stops in front of the crosswalk and adds the description to this part.

There was a duty of care to proceed.

Nevertheless, the defendant's negligence in the course of his duty and caused the victim F (73 years old) to move the crosswalks in the front side of the driver's car to the right side from the left side by the occupational negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., KRW 8 weeks off the front frame in need of medical treatment.

Summary of Evidence

1. To apply Acts and subordinate statutes to the defendant's legal statement reported on traffic accidents: (i) the scene of the accident, and the examination report on the vehicle of the accident;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of general traffic accidents [the category 1] and the absence of the person causing a traffic accident [the area of recommendation and the scope of recommended punishment] [the scope of recommended punishment], the basic area of the punishment, April of imprisonment without prison labor and one year;

2. Determination of sentence: Six months of imprisonment without prison labor, and two years of suspension of execution, shall cause a person who inflicts damage on his/her motor vehicle by negligence, by violating the duty to protect pedestrians in the crosswalk;