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(영문) 서울서부지방법원 2020.08.13 2020고단1109
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 engaged in the operation of BMW car.

On March 10, 2020, the defendant, around 10:10, proceeded to turn to the left at a speed of about 10km at the speed of about 10km from the D apartment room to the riverside north.

At that time, there is a place where a crosswalk without signal is installed, and at that time, pedestrians had a duty of care to prevent accidents by temporarily stopping in front of the crosswalk so as not to obstruct the normal passage of pedestrians or endanger them.

Nevertheless, the defendant neglected this and went beyond the road by shocking the right side and the body side of the victim E (the 67 years old) who opened the crosswalk from the right side of the defendant's running direction to the right side of the road.

As a result, the Defendant suffered from the victim’s pleasia (T11 and T12) that requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report (1), 2 (2);

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

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 one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The decision-making defendant has violated his duty of care by sufficienting the victim to stand the crosswalk; and

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