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(영문) 광주지방법원 목포지원 2021.01.22 2020고단812

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of 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 of a cuss car in B.

On March 20, 2020, the Defendant came to the road front of the bus stop in the village in the South-west-gun, Seoul-gun, Seoul-do on March 20, 2020, and continued to go straight from the shore to the breadth of the breadth.

At a place where a crosswalk is installed, a person engaged in driving service has a duty of care to take into account the situation of the front side and the right side traffic, accurately manipulates the steering and the steering system, and prevent accidents. However, when the defendant neglected the above duty of care, and the defendant was negligent in driving on the right side of the road, the victim D (52 years old) who breaking the crosswalk from the right side of the defendant's driving to the left side was shocked on the front side of the motor vehicle of the defendant.

Ultimately, the Defendant suffered from the victim’s negligence, such as the elbow elbows, which requires approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident scene photograph, and a medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (verification of records, etc. of victim D treatment records, etc.);

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines / [the type of traffic crime / [the person subject to special sentencing] the injury from a traffic accident / [the person subject to special sentencing] - In the event of a minor injury: In the event of a minor injury, the reduction elements [the scope of the recommended and recommended punishment] the area of special mitigation [the scope of the recommended area and recommended punishment] the area of special mitigation, January through August of the credit cooperative [the grounds for suspended execution] - The principal grounds for suspended execution: In the event of a minor injury, the penalty surcharge is not imposed.

3. Determination of sentence: Four months of imprisonment without prison labor and one year of suspended execution;