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(영문) 의정부지방법원 2020.04.21 2019고단5121

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 motor bicycle B Q125.

On October 12, 2019, the Defendant driven the above motorcycle at around 05:40 on October 12, 2019, and driven the two-lane road in front of the city of Speaker C along a one-lane distance from the right edge.

Since there is a signal apparatus and crosswalk installed, a person engaged in driving of a motor vehicle has a duty of care to observe the signal and to safely drive the crosswalk by viewing the front door and the left door.

Nevertheless, the Defendant neglected to do so and did not see the front section properly and proceeded with the stop signal as it is, and caused the injury to the victim D (n, 79 years of age) crossinged under the crosswalk signals, and caused about 8 weeks of treatment, such as a dyp fage, which intrudes three cages of the cages that need to be treated for 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding report and report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The fact that the nature of the crime of this case is not good, the degree of injury of the victim is serious, but the defendant does not want the punishment of the defendant by agreement with the victim, and there is no criminal record exceeding the criminal record or fine which causes a traffic accident to the defendant.