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(영문) 수원지방법원 2020.10.22 2020고단4400
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On December 20, 2019, the Defendant driven the above vehicle on December 14:10, 2019, and moved the front road of Young-gu C from the D Burial to E apartment at a speed of about 49km/h from the D Burial.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to safely operate the car line by protecting the car line, such as seeing the road by all persons engaged in driving service and not harming the center line.

Nevertheless, the Defendant neglected this and caused the victim F (the age of 60) who was crossing the road at the right side of the vehicle of the Defendant to go beyond the road when the Defendant got the victim F (the age of 60) who was crossing the road at the right side of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as Samdup, etc., which requires approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site photograph of a traffic accident, lock-up vehicle booms, and each traffic accident analysis report;

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 labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are criminal records related to multiple traffic, the fact that the center line has been invaded, and that pedestrians are shocked (the victim was immediately adjacent to the crosswalk, but the driver was obligated to go slowly in the vicinity of the crosswalk and to confirm whether the victim has a pedestrian or not, this part is not attributable to the victim's negligence), the normal situation that is favorable to the fact that the degree of the victim's bodily injury is not somewhat weak: A confession and reflect; there is no criminal record yet exceeding the fine; and the victim was taken by the victim.

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