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(영문) 대전지방법원 2020.08.21 2020고단2489
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driving a B mother car.

On April 22, 2020, the Defendant took part of the body part of the victim E (V, 66 years old) and the victim F (V, 78 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian safety due to his occupational negligence when the Defendant violated the signal while driving along the two-lanes of the four-lanes in front of the D, which are located in Daejeon Seo-gu Daejeon Metropolitan City, along the four-lanes of the D, and neglected the duty to protect pedestrians.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E such injury as unknown consciousness due to an unexplosion in the treatment days, and injury to the victim F, such as the amount of the left-hand satisfaction and the alley, which require approximately seven weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Report of a traffic accident (1) (2) (1) (1) (2) (investigation of a report on internal investigation of a suspect vehicle image), report on internal investigation (investigation of DNA CCTV) (112), report on internal investigation (investigation of a detailed statement of 112 reported case processing), and report on internal investigation (119 emergency medical services investigation) (119 emergency medical services report);

1. Each written diagnosis, each request for appraisal, and digital analysis and appraisal report;

1. A detailed statement on the handling of 112 Reports and an emergency medical service log;

1. Application of statutes to the restoration of an on-site photograph, a course photograph, a photo-fluence, a black stuff, a black CD, or an original CD;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy circumstances);

1. Selection of alternative imprisonment without prison labor;

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

1. The crime of this case with the reason of sentencing Article 62-2 of the Criminal Act is driven by the defendant in violation of the signal.

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