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(영문) 의정부지방법원 2020.01.15 2019고단3546
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 the driver of the B MT truck.

On May 17, 2019, at around 13:28, the Defendant had been holding the 147 rewing-gu Gaak-gu Gaak-gu 147 Gamak-gu Gaak-gu Gaak-gu Gaak-gu Gaak-gu from C to Gaak-gu

At all times, there was a crosswalk that does not have a signal signal lights on the front door, so there was a duty of care to make a person engaged in driving service with a duty of care to see the front door and the left and right well and safely drive.

Nevertheless, the defendant's negligence of driving the crosswalk on the right side of the defendant's running room by neglecting it, caused the victim's injury, such as the sub-speak and the sub-speak of the victim D (n, 72 years old) to the left side of the front line of the mati vehicle, and the victim's injury, such as the sub-speak and the sub-speak of the mati vehicle for about eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Accident site and vehicle photograph;

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

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

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 criteria for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person], the element of mitigation of punishment: In the area of reduction of punishment (the scope of recommendation and recommendation) and in the area of reduction of punishment (the scope of recommendation and recommendation], one month through eight months without prison labor;

3. The decision-making criminal defendant caused an accident that leads to shocking the victim at a crosswalk without a pedestrian signal and sustained a serious injury in need of eight weeks of medical treatment.

However, it seems that the defendant's primary crime without any criminal power seems that he has repented his wrong, that he has not been punished against the defendant, and that the vehicle of the defendant is covered by the comprehensive automobile insurance.

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