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(영문) 수원지방법원 안양지원 2021.01.20 2020고단1352
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On June 27, 2020, the Defendant came to turn to the left in the direction C in accordance with the first way between the two-lanes of the distance intersection in the golf center, which was 427 Donyang-si, which was 427, at the time of Ansan-si around 2020, the Defendant got to turn to the left in the direction of citizens.

At night, there is a crosswalk with signal lights at the time, so in such a case, the driver of the vehicle has a duty of care to reduce the speed in advance to the person engaged in driving the vehicle, to confirm the signal, and to prevent pedestrian accidents by observing the signal.

Nevertheless, the Defendant neglected this and proceeded with the victim D who walked the crosswalk from the right side of the crosswalk to the left side by neglecting it even though it was a vehicle stop and pedestrian driving signal, and caused the victim D who walked on the crosswalk from the right side to the front part of the said car.

As a result, the defendant suffered injury, such as cutting down or closing down the body of the bridge and other parts of the bridge, which require about five weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as on-site photographs, etc.;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence is determined as ordered by comprehensively taking account of the following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The defendant, while driving a crosswalk in violation of the signal, was involved in a traffic accident that causes the damage to the victim of the crosswalk, and the defendant's negligence is serious, the injury suffered by the victim is not easy, and the victim is the person who suffered the damage.

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