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(영문) 전주지방법원 2019.10.10 2019고단406

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 28, 2019, the Defendant driven the said car on February 11, 2017, and led to the driving of the said car to the F apartment zone from the side of the Contracting State, D, the front of which is located in Seojin-gu C at Jeonjin-gu, Seoul.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing the speed and by properly examining the front side and the right and the right.

Nevertheless, the defendant neglected this and did not discover the victim G (8 years old) who crosses the road from the right side of the defendant's proceeding to the left side, and received the right side of the victim's bridge as the front side of the car driving by the defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand one-time staff member in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement hearing report;

1. Photographs of the accident site;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the statement of intention;

1. Article 3 (1) and the proviso to Article 3 (2) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.