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(영문) 대전지방법원 2021.03.25 2020고단4545

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2. Provided, That the execution of the above sentence 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 driving a vehicle in Category B.

On October 8, 2020, the Defendant driven the above vehicle at around 06:22, and led the front road of the Dae-gu Seoul apartment complex at the time of the art to the intersection of the distance from the offline of the house of the artist to the offside of the distance from the discharge to the offline of the discharge from active service.

Since there are crosswalks where signal lights are installed on the front door, it was confirmed whether a person engaged in driving service has a duty of care to safely drive in accordance with traffic signals.

Nevertheless, the Defendant neglected this and proceeded with the vehicle driving signal even though it was a stop signal, and the Defendant got the victim D (the age of 64) who gets on a bicycle and cross the crosswalk from the right side to the left side of the crosswalk as the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the 12 week pressure pressure, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A criminal investigation report (the analysis of accident images);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (with regard to occupation and negligence), and selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant, by neglecting his duty to observe the signal of the front line, was driven in violation of the signal, and thereby, the Defendant got the victim crossing the crosswalk. The degree of negligence of the Defendant on the occurrence of a traffic accident is heavy.

In addition, the result of the crime is also serious because the injured person suffered an additional injury due to this reason.

Nevertheless, the defendant did not agree with the victim, and has recovered from the damage.