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(영문) 전주지방법원 정읍지원 2019.09.24 2019고단337

교통사고처리특례법위반(치상)

Text

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

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

On June 12, 2019, around 09:55, the Defendant moved a private distance intersection to the front of the D convenience point located in the Si of Jung-Eup, Jung-do, bypassing from the E apartment room to the front district court's branch court's branch court's branch court's branch court's branch court.

At the time, there was a crosswalk in which a signal, etc. was installed, so in such a case, there was a duty of care to check whether a pedestrian passes the crosswalk and to prevent the accident by checking whether a person engaged in driving the motor vehicle is driving the motor vehicle well by checking the right and the right and the right.

Nevertheless, due to the negligence of neglecting the duty of her front direction, the defendant did not see the victim F, who was crossing the crosswalk in accordance with the pedestrian signal from the left side of the front direction of the defendant's vehicle in the direction of the direction of the road, and did not see the age of 80 to the right side of the victim's front part of the vehicle.

As a result, the Defendant suffered injury to the above victim, such as a 10-day withdrawal from the right pelle Epic, which requires treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. An inquiry into the enemy (B);

1. A medical certificate (F);

1. Application of the Acts and subordinate statutes on black stuffs and video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, when the defendant, while bypassing the right, brought a serious injury to the victim by shocking the victim who was frighted under the pedestrian signals in the crosswalks.

Although the nature of crime is not good, it is possible to compensate for basic damage because the vehicle of the defendant is covered by a comprehensive insurance, and the defendant has agreed with the victim.