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(영문) 의정부지방법원 2021.02.17 2020고단4141

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 engaging in driving a car B.

On April 10, 2020, the Defendant driven the above car at around 16:19, and got to turn to the left at a speed of about 20 km per hour in the direction of the present police box in the direction of the head of the police box at the right angle in front of C at the southyang-si.

At this point, the road crossing is a private road, and since the road is installed in the front section, there was a duty of care to safely drive the road after checking the left and right of the driver of the vehicle.

Nevertheless, the defendant neglected to do so and neglected to turn to the left, and found the victim D (Woo, 73 years old) who walked along the crosswalk from the left side of the defendant's running direction to the right side of the road at late, and operated it to avoid this, but did not avoid the victim, and did not go to the victim's bridge by going to the right side of the defendant's car.

Ultimately, the Defendant suffered injury to the victim, such as pressure diversating spine in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a medical certificate for a victim of a photograph by cutting off on-site photographs and visual images;

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. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [including the person subject to special sentencing] caused by traffic accidents: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage], and January through August of the credit cooperative;

2. Determination of sentence: The defendant, who is sentenced to a suspended sentence for six months, shall be present at the crosswalk;