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(영문) 의정부지방법원 2021.01.25 2020고단4288

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 a period of 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 the business of driving a bicycle for Es 110 motor vehicles.

around 13:00 on July 17, 2020, the Defendant proceeded at a speed of about 30 km from the 1st intersection distance of the chip road to the franc intersection of the franc road at around 30 km.

Since there is a pedestrian crossing, there was a duty of care to prevent accidents due to the following driving, after checking whether a person engaged in driving of a vehicle has a safe situation, such as whether a person has a pedestrian by stopping or driving the vehicle.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk on which a signal apparatus is not installed in the crossing protection and did not temporarily stop in violation of the duty of pedestrian protection in the crossing protection, and caused the damages to the left side of the crosswalk in the direction of the right side of the victim D (V, 74 years old) to the front side of the said vehicle.

As a result, the Defendant suffered from an injury that requires approximately seven weeks of medical treatment due to the aggravation of the bones of the bones of the victim by negligence in the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes of a medical certificate;

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 on orders to provide community service and attend lectures;

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

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of general traffic accidents [the category 1] and the absence of the person causing a traffic accident [the area of recommendation and the scope of recommended punishment], the basic area of the punishment [the scope of recommended punishment], four months through one year;

3. Determination of sentence: A credit cooperative shall be sentenced to eight months;