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(영문) 서울동부지방법원 2019.09.02 2019고단2033

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving a BM5 vehicle.

At around 02:00 on May 3, 2019, the Defendant came to turn to the left at the direction of D High School from Chump to D high school.

Since a crosswalk is installed at a front door, in such a case, the driver has the duty of care to check whether there is a person who gets involved in driving service to reduce the speed and to check the front door and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected this and followed the victim E (the age of 45) who was crossinged by the crosswalk from the right side of the proceeding to the left side, and followed the victim F (the age of 42) to the front part of the said SM5 car.

As a result, the Defendant suffered injury to the victim E, such as dystroke, which requires approximately 10 weeks of medical treatment, due to such occupational negligence, and injury to the victim F, such as the left-hand fyke in need of medical treatment for about 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Bluebbbs CD images;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

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

2. The range of recommendation according to the sentencing guidelines [decision of type] the general traffic accident [type 1] the injury [special person] of traffic accident: The mitigation element: [the scope of recommendation area and recommendation range] mitigation area], reduction area, 1 to 8 months in imprisonment without prison labor [general strifes] - the mitigation element: purchase of comprehensive motor vehicle insurance, serious reflectness, no history of criminal punishment - the aggravation element: the occurrence of serious injury, the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.