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(영문) 인천지방법원 2020.05.28 2019고단9459
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

On April 10, 2019, at around 13:40 on April 13, 2019, the Defendant driven D Launa car on the front side of the Namdong-gu Incheon Metropolitan City, and went to the right side from the boundary of the Twit distance to E-section. On the part of the Defendant’s occupational negligence, the victim’s right side part of the victim’s right side part was taken ahead of the left side part of the Defendant’s vehicle.

Ultimately, as long as the Defendant neglected the duty to protect pedestrians in the crosswalk as above, the Defendant suffered an injury to the victim by negligence in the course of business, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. Report on the occurrence of a traffic accident;

1. Medical certificates or written request for medical treatment;

1. Application of Acts and subordinate statutes to each photograph (No. 3 through 6, 9) of evidence list;

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 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. According to the crime of this case, the defendant did not discover a victim of the crosswalk and suffered bodily injury, such as cutting the body part of the victim's right shoulder with the vehicle of the defendant, which requires approximately eight weeks of medical treatment. In light of the crime, the criminal liability is grave, the vehicle driven by the defendant is subscribed to liability insurance, and the accident of this case.

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