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(영문) 서울북부지방법원 2020.06.11 2020고단390
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 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 duty of driving Bknife car driving.

On December 24, 2019, the Defendant driven the above vehicle at around 09:10 on December 24, 2019, and made the front part of Seongbuk-gu Seoul Metropolitan Government C turn to the left at about 20 km as the front part of the office room of the seat office in the front 2-dong community service center.

At the time, the front glass of the foregoing vehicle was in a state where the front door of the front door of the vehicle flowed, and there was a crosswalk installed therein, so there was a duty of care to check whether there was a person engaged in driving of the vehicle to reduce the speed and to see well the right and the right of the front door and the right of the road, and to prevent the accident in advance.

Nevertheless, the defendant did not discover the victim D (the age of 85) who cross the crosswalk from the right side due to the occupational negligence of which the defendant neglected to turn to the left, and did not find the victim D (the age of 85) and had the above victim's left part of the front part of the above vehicle go beyond the ground.

Ultimately, the Defendant suffered injury, such as pressure 1, which requires approximately 10 weeks of treatment due to such occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a medical certificate (Evidence 45 pages);

1. Application of the Acts and subordinate statutes to traffic accident reports (1), (2), accident site photographs, black stuffs and video CDs, and accident video CDs recorded in CCTV for crime prevention;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

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. Determination of sentence: Six months of imprisonment without prison labor and two years of suspended execution; and

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