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(영문) 대전지방법원 2020.08.13 2020고단1283

교통사고처리특례법위반(치상)

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a VD125 Oralba.

At around 05:55 on October 14, 2019, the Defendant driven the above Oralba, and proceeded with the Boari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

At all times, there are crosswalks where signal lights are installed on the front door, so in such cases, the driver of the off-to-road has a duty of care to safely drive the signal in accordance with the new code and to accurately manipulate the steering direction and brake system with care to pedestrians in the crosswalks and to prevent accidents in advance.

Nevertheless, the defendant neglected this and caused the victim C (the age of 48) to cross the crosswalk to the right side from the left side of the running direction of the defendant, which is the right side of the pedestrian signals, to go beyond the floor.

As a result, the Defendant suffered injury, such as external wounds on the side of the 5-Yeng-Mon 1st century, which requires the victim to receive approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A police protocol of statement (simplified traffic) about C, a survey report on the actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the defendant are as follows: (a) the reason for sentencing under Article 62-2 of the Criminal Act regarding the provision of community service and the order to attend lectures is recognized by the defendant; (b) the victim has agreed to pay one million won to the victim; and (c) the victim has not want to be subject to criminal punishment

However, the negligence of the defendant who caused the instant traffic accident by violating the signal at the crosswalk is very serious.