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(영문) 춘천지방법원 원주지원 2019.07.25 2019고단393
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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

On February 11, 2019, at around 18:30, the Defendant driving a B Pyeong sport Franchi, thereby making the front road of C from D to the left-hand turn from D.

On the other hand, there was a duty of care to safely proceed by checking whether there is a pedestrian in driving service.

Nevertheless, the Defendant neglected this and failed to view the victim F (58 years of age) who was standing the above crosswalk as the negligence of neglecting it, and received the victim’s face part with Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the 10-day period of medical treatment, i.e., the left-hand ske in the upper end.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared in F;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the CDA for a copy of a set of booms of vehicles;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The defendant shocked the pedestrian who gets on the crosswalk, and the defendant's negligence is hot.

The degree of injury suffered by the victim is relatively more severe.

A favorable condition: A vehicle driven by a defendant is subscribed to a comprehensive motor vehicle deduction.

The defendant recognized the crime of this case and is against the law.

There is no record that the defendant is subject to criminal punishment for the same crime.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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